Utah Code 34-20-8. Unfair labor practices

(1)

It shall be an unfair labor practice for an employer, individually or in concert with others:

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Terms Used In Utah Code 34-20-8

board: means the board created in Section 34-20-3. See Utah Code 34-20-2
Employee: includes any employee unless this chapter explicitly states otherwise, and includes an individual whose work has ceased as a consequence of, or in connection with, any current labor dispute or because of any unfair labor practice, and who has not obtained any other regular and substantially equivalent employment. See Utah Code 34-20-2
Employer: includes a person acting in the interest of an employer, directly or indirectly, but does not include:

(a)	the United States;

(b)	a state or political subdivision of a state;

(c)	a person subject to the federal Railway Labor Act;

(d)	a labor organization, other than when acting as an employer;

(e)	a corporation or association operating a hospital if no part of the net earnings inures to the benefit of any private shareholder or individual; or

(f)

anyone acting in the capacity of officer or agent of a labor organization. See Utah Code 34-20-2

Labor organization: means an organization of any kind or any agency or employee representation committee or plan in which employees participate that exists for the purpose, in whole or in part, of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours of employment, or conditions of work. See Utah Code 34-20-2

Person: includes an individual, partnership, association, corporation, legal representative, trustee, trustee in bankruptcy, or receiver. See Utah Code 34-20-2

Property: includes both real and personal property. See Utah Code 68-3-12.5

Representative: includes an individual or labor organization. See Utah Code 34-20-2

Secondary boycott: includes combining or conspiring to cause or threaten to cause injury to one with whom no labor dispute exists, whether by:

(a)	withholding patronage, labor, or other beneficial business intercourse;

(b)	picketing;

(c)	refusing to handle, install, use, or work on particular materials, equipment, or supplies; or

(d)	by any other unlawful means, in order to bring him against his will into a concerted plan to coerce or inflict damage upon another. See Utah Code 34-20-2 Testimony: Evidence presented orally by witnesses during trials or before grand juries. Unfair labor practice: means any unfair labor practice listed in Section 34-20-8. See Utah Code 34-20-2
(a)	To interfere with, restrain or coerce employees in the exercise of the rights guaranteed in Section 34-20-7.

(b)

To dominate or interfere with the formation or administration of any labor organization or contribute financial or other support to it; provided, that subject to rules and regulations made and published by the board pursuant to Section 34-20-6, an employer is not prohibited from permitting employees to confer with the employer during working hours without loss of time or pay.

(c)

By discrimination in regard to hire or tenure of employment or any term or condition of employment to encourage or discourage membership in any labor organization; provided, that nothing in this act shall preclude an employer from making an agreement with a labor organization (not established, maintained or assisted by any action defined in this act as an unfair labor practice) to require as a condition of employment, membership therein, if such labor organization is the representative of the employees as provided in Subsection 34-20-9(1) in the appropriate collective bargaining unit covered by such agreement when made.

(d)

To refuse to bargain collectively with the representative of a majority of the employer’s employees in any collective bargaining unit; provided, that, when two or more labor organizations claim to represent a majority of the employees in the bargaining unit, the employer shall be free to file with the board a petition for investigation of certification of representatives and during the pendency of the proceedings the employer may not be considered to have refused to bargain.

(e)	To bargain collectively with the representatives of less than a majority of the employer’s employees in a collective bargaining unit.

(f)	To discharge or otherwise discriminate against an employee because the employee has filed charges or given testimony under this chapter.

(2)

It shall be an unfair labor practice for an employee individually or in concert with others:

(a)	To coerce or intimidate an employee in the enjoyment of the employee’s legal rights, including those guaranteed in Section 34-20-7, or to intimidate the employee’s family, picket the employee’s domicile, or injure the person or property of the employee or the employee’s family.

(b)

To coerce, intimidate or induce an employer to interfere with any of the employer’s employees in the enjoyment of their legal rights, including those guaranteed in Section 34-20-7, or to engage in any practice with regard to the employer’s employees which would constitute an unfair labor practice if undertaken by the employer on the employer’s own initiative.

(c)

To co-operate in engaging in, promoting, or inducing picketing (not constituting an exercise of constitutionally guaranteed free speech), boycotting or any other overt concomitant of a strike unless a majority in a collective bargaining unit of the employees of an employer against whom such acts are primarily directed have voted by secret ballot to call a strike.

(d)

To hinder or prevent, by mass picketing, threats, intimidation, force, or coercion of any kind the pursuit of any lawful work or employment, or to obstruct or interfere with entrance to or egress from any place of employment, or to obstruct or interfere with free and uninterrupted use of public roads, streets, highways, railways, airports, or other ways of travel or conveyance.

(e)

To engage in a secondary boycott; or to hinder or prevent, by threats, intimidation, force, coercion, or sabotage, the obtaining, use or disposition of materials, equipment, or services; or to combine or conspire to hinder or prevent the obtaining, use or disposition of materials, equipment or services, provided, however, that nothing herein shall prevent sympathetic strikes in support of those in similar occupations working for other employers in the same craft.

(f)	To take unauthorized possession of property of the employer.

(3)	It shall be an unfair labor practice for any person to do or cause to be done on behalf of or in the interest of employers or employees, or in connection with or to influence the outcome of any controversy as to employment relations, any act prohibited by Subsections (1) and (2) of this section.

Amended by Chapter 348, 2016 General Session

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