§ 962. Employees

It shall be an unfair labor practice for an employee organization or its agents:

(1) To restrain or coerce employees in the exercise of the rights guaranteed to them by law, rule, or regulation. However, this subdivision shall not impair the right of an employee organization to prescribe its own rules with respect to the acquisition or retention of membership therein, provided such rules are not discriminatory.

(2) To restrain or coerce an employer in the selection of his or her representatives for the purposes of collective bargaining or adjustments of grievances.

(3) To cause or attempt to cause an employer to discriminate against an employee in violation of section 961 of this title or to discriminate against an employee with respect to whom membership in such organization has been denied or terminated on some ground other than his or her failure to tender the periodic dues and the initiation fees uniformly required as a condition for acquiring or retaining membership.

(4) To refuse to bargain collectively with an employer, provided it is the representative of the employer’s employees subject to the provisions of subchapter 3 of this chapter.

(5) To engage in, or to induce or encourage any individual employed by any person to engage in, a strike or a refusal in the course of his or her employment to use, transport, or otherwise handle or work on any goods, articles, materials, or commodities or to perform any authorized functions.

(6) To threaten, coerce, or restrain any person where in either case an object thereof is:

(A) Forcing or requiring any State employee to join any employee organization or to enter into any agreement that is prohibited by the provisions of this chapter.

(B) Forcing or requiring any employer or employee to cease using, handling, transporting, or otherwise dealing in the products of a producer, processor, or manufacturer, or to cease doing business with any other person, in the course of regular State business, or forcing, or requiring the employer to recognize or bargain with an employee organization as the representative of his or her employees unless such employee organization has been certified as the representative of such employees under the provisions of subchapter 3 of this chapter.

(C) Forcing or requiring the employer to recognize or bargain with a particular employee organization as the representative of his or her employees if another employee organization has been certified as the representative of those employees under subchapter 3 of this chapter.

(D) Forcing or requiring the employer to assign particular work to employees in a particular position class or employee organization rather than to employees in another position class or employee organization unless such employer is failing to conform to an order of certification of the Board determining the bargaining representative for employees performing that work.

(7) To cause or attempt to cause an employer to pay or deliver or agree to pay or deliver any money or other thing of value in the nature of an exaction, for services that are not performed or not to be performed or that are not needed or required by the employer.

(8) To picket or cause to be picketed, or threaten to picket or cause to be picketed, the employer where an object thereof is forcing or requiring the employer to recognize or bargain with an employee organization as the representative of his or her employees, or forcing or requiring the employees of an employer to accept or select the employee organization as their collective bargaining representative.

(9) To engage in activities unlawful under section 903 of this title.

(10) To charge a collective bargaining service fee unless such employee organization has established and maintained a procedure to provide nonmembers with:

(A) an audited financial statement that identifies the major categories of expenses, and divides them into chargeable and nonchargeable expenses;

(B) an opportunity to object to the amount of the collective bargaining service fee sought, any amount reasonably in dispute to be placed in escrow;

(C) prompt arbitration by the Board to resolve any objection over the amount of the collective bargaining service fee. (Added 1969, No. 113, § 1; amended 1977, No. 109, § 11, eff. July 3, 1977; 1993, No. 227 (Adj. Sess.), § 31; 2013, No. 37, § 5; 2017, No. 74, § 4; 2021, No. 20, § 5.)