§1027. Prohibited acts of the university, university employees and university employee organizations

1.  University, academy and community colleges; prohibitions.  The university, its representatives and agents, the academy, its representatives and agents and the community colleges, their representatives and agents are prohibited from:

A. Interfering with, restraining or coercing employees in the exercise of the rights guaranteed in section 1023;   [PL 1975, c. 603, §1 (NEW).]

B. Encouraging or discouraging membership in any employee organization by discrimination in regard to hire or tenure of employment or any term or condition of employment;   [PL 1975, c. 603, §1 (NEW).]

C. Dominating or interfering with the formation, existence or administration of any employee organization;   [PL 1975, c. 603, §1 (NEW).]

D. Discharging or otherwise discriminating against an employee because the employee has signed or filed any affidavit, petition or complaint or given any information or testimony under this chapter;   [PL 1989, c. 443, §71 (AMD).]

E. Refusing to bargain collectively with the bargaining agent of its employees as required by section 1026;   [PL 2007, c. 415, §11 (AMD).]

F. Blacklisting of any employee organization or its members for the purpose of denying them employment;   [PL 2007, c. 415, §12 (AMD).]

G. Requiring an employee to join a union, employee association or bargaining agent as a member; and   [PL 2007, c. 415, §13 (NEW).]

H. Terminating or disciplining an employee for not paying union dues or fees of any type.   [PL 2007, c. 415, §14 (NEW).]

[PL 2007, c. 415, §§11-14 (AMD).]

2.  University, academy, community colleges; prohibitions.  University employees, university employee organizations, their agents, members and bargaining agents; academy employees, academy employee organizations, their agents, members and bargaining agents; and community college employees, community college employee organizations, their agents, members and bargaining agents are prohibited from:

A. Interfering with, restraining or coercing employees in the exercise of the rights guaranteed in section 1023 or the university, academy and community colleges in the selection of their representatives for the purposes of collective bargaining or the adjustment of grievances;   [PL 1989, c. 443, §72 (AMD); PL 2003, c. 20, Pt. OO, §2 (AMD); PL 2003, c. 20, Pt. OO, §4 (AFF).]

B. Refusing to bargain collectively with the university, academy and community colleges as required by section 1026; and   [PL 1989, c. 443, §72 (AMD); PL 2003, c. 20, Pt. OO, §2 (AMD); PL 2003, c. 20, Pt. OO, §4 (AFF).]

C. Engaging in:

(1) A work stoppage, slowdown or strike; and

(2) The blacklisting of the university, academy or community colleges for the purpose of preventing them from filling employee vacancies.   [PL 1989, c. 443, §72 (AMD); PL 2003, c. 20, Pt. OO, §2 (AMD); PL 2003, c. 20, Pt. OO, §4 (AFF).]

[PL 1989, c. 443, §72 (AMD); PL 2003, c. 20, Pt. OO, §2 (AMD); PL 2003, c. 20, Pt. OO, §4 (AFF).]

3.  Negotiation of union security.  Nothing in this chapter shall be interpreted to prohibit the negotiation of union security, excepting closed shop.

[PL 1975, c. 603, §1 (NEW).]

3-A.  Negotiation of initial probationary period.  The length and terms of an employee's probationary period upon initial employment is a negotiable item in accordance with the procedures set forth in section 1026, except that, at a minimum, the probationary period must include the first 6 months of the employee's active employment. During the initial 6 months of active employment, an employee may be terminated without just cause.

[PL 2003, c. 76, §3 (NEW); PL 2003, c. 76, §4 (AFF).]

4.  Violations.  Violations of this section shall be processed by the board in the manner provided in section 1029.

[PL 1975, c. 603, §1 (NEW).]

SECTION HISTORY

PL 1975, c. 603, §1 (NEW). PL 1975, c. 671, §§17-20 (AMD). PL 1977, c. 78, §165 (AMD). PL 1977, c. 581, §§14,15 (AMD). PL 1985, c. 497, §§13,14 (AMD). PL 1985, c. 506, §§B28,29 (AMD). PL 1985, c. 737, §A67 (AMD). PL 1989, c. 443, §§71,72 (AMD). PL 2003, c. 20, §OO2 (AMD). PL 2003, c. 20, §OO4 (AFF). PL 2003, c. 76, §3 (AMD). PL 2003, c. 76, §4 (AFF). PL 2007, c. 415, §§11-14 (AMD).