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| Home > Statutes > Usa Arizona |
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USA Statutes : arizona
Title : Labor
Chapter : LABOR RELATIONS
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23-1301 Definitions
In this article, unless the context otherwise requires:
1. "Labor organization" means any organization of any kind, or any agency or
employee representation committee or plan, in which employees participate and which
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 other conditions
of employment.
2. "Person" includes a natural person, a corporation, association, company, firm or
labor organization.
23-1302 Prohibition of agreements denying employment because of nonmembership in labor organization
No person shall be denied the opportunity to obtain or retain employment because of
nonmembership in a labor organization, nor shall the state or any subdivision thereof, or
any corporation, individual, or association of any kind enter into an agreement, written
or oral, which excludes a person from employment or continuation of employment because of
nonmembership in a labor organization.
23-1303 Illegality of acts or agreements violating article; strike or picketing for illegal purpose
A. Any act or provision in an agreement which is in violation of this article is
illegal and void.
B. Any strike or picketing to force or induce an employer to make an agreement
orally or in writing in violation of this article is for an illegal purpose.
23-1304 Prohibition of threatened or actual interference with a person, his family or property to compel him to join labor organization, strike or leave employment
It is unlawful for an employee, labor organization, or officer, agent or member
thereof, by any threatened or actual interference with the person, his immediate family
or his property, to compel or attempt to compel such person to join a labor organization,
to strike against his will or to leave his employment.
23-1305 Prohibition of conspiracy to induce persons to refuse to work with persons not members of labor organization
A combination or conspiracy by two or more persons to cause the discharge of any
person or to cause him to be denied employment because he is not a member of a labor
organization by inducing or attempting to induce any other person to refuse to work with
such person, is illegal.
23-1306 Civil liability of person violating article
A person who violates any provision of this article, or who enters into an agreement
containing a provision declared illegal by this article, or who brings about the
discharge of or denial of employment to any person because of nonmembership in a labor
organization shall be liable to the person injured as the result of such act or provision
and may be sued therefor, and in such action any labor organization, subdivision or local
thereof shall be bound by the acts of its duly authorized agents acting within the scope
of their authority, and may sue or be sued in its common name.
23-1307 Injunctive relief from injury resulting from violation of article
A person injured or threatened with injury by an act declared illegal by this
article shall, notwithstanding any other provision of law to the contrary, be entitled to
injunctive relief therefrom.
23-1321 Definitions
In this article, unless the context otherwise requires:
1. "Labor organization" means an organization of any kind, or an agency or employee
representation committee or plan in which employees participate and which 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 other conditions of
employment. For the purpose of this article the word "employee" or "employees" does not
include persons having supervisory authority, professional or confidential employees,
guards or persons employed in personnel departments.
2. "Person" includes a natural person, a corporation, association, company, firm or
labor organization.
3. "Secondary boycott" means:
(a) A combination or conspiracy by two or more persons, by a strike, threat to
strike, picketing, threat to picket, violence, threat of violence, or by concerted
refusal or threat of concerted refusal, to process, install, service, handle, transport
or otherwise deal with specified articles, materials or services, to force or require a
person to cease or partially to cease processing, installing, servicing, selling,
handling or transporting the products of or selling to or otherwise dealing with any
other person for the purpose of forcing or requiring such other person to recognize,
bargain with or comply with the demands of a labor organization, or for the reason that
such other person has in his employ persons who are not members of a labor organization
or is not himself a member of a labor organization, or for the reason that such other
person uses goods, materials or services considered objectionable by a labor
organization.
(b) An act, combination or agreement which directly or indirectly causes, induces
or compels another to strike, threaten to strike, picket, threaten to picket, commit
violence, threaten to commit violence, refuse to or threaten to refuse to process,
install, service, handle, transport or otherwise deal with specified articles, materials
or services, to force or require a person to cease or partially to cease processing,
installing, servicing, selling, handling or transporting the products of, or selling to
or otherwise dealing with any other person for the purpose of forcing or requiring such
other person to recognize, bargain with or comply with the demands of a labor
organization, or for the reason that such other person has in his employ persons who are
not members of a labor organization, or is not himself a member of a labor organization,
or for the reason that such other person uses goods, materials or services considered
objectionable by a labor organization.
23-1322 Picketing
It is unlawful for a labor organization to picket any establishment unless there
exists between the employer and the majority of employees of such establishment a bona
fide dispute regarding wages or working conditions.
23-1323 Injunctive relief; damages
A. The picketing of an establishment when a bona fide dispute does not exist
between the employer and the majority of employees, and engaging in a secondary boycott,
are illegal and a person against whom such picketing or secondary boycott is directed or
who is injured thereby is entitled to injunctive relief therefrom. Any person or persons
calling or conducting illegal picketing or secondary boycott shall be liable in damages
to any person injured thereby.
B. Nothing in this article shall be construed to imply the legality of any act or
conspiracy illegal under the laws of this state prior to November 24, 1952. Any labor
organization, subdivision or local thereof shall be bound by and liable for the acts of
its agents, and may sue or be sued in its common name.
23-1324 Violations; classification
Any person who violates any provision of this article is guilty of a class 2
misdemeanor. Any fine levied shall be recovered by the attorney general or under his
direction in the name of the state.
23-1341 Invalidity of employment agreement not to join, become or remain member of labor or employers' organization
Every undertaking or promise made, whether written or oral, express or implied, is
contrary to public policy and void and shall not afford any reason for granting legal or
equitable relief, when constituted or contained in a contract or agreement of hiring or
employment between an employer and an employee or prospective employee, whereby:
1. Either party to the contract or agreement undertakes or promises not to join,
become or remain a member of any labor organization or of any organization of employers.
2. Either party to the contract or agreement undertakes or promises that he will
withdraw from the employment relation in the event he joins, becomes or remains a member
of a labor organization or of an organization of employers.
23-1342 Compelling or coercing another not to join labor union as requisite to employment; classification
A person who coerces or compels any other person to enter into an agreement, either
written or oral, not to join or become a member of a labor organization, as a condition
of the other person obtaining employment or continuing in the employment of such person,
is guilty of a class 2 misdemeanor.
23-1361 Blacklist; definition; exceptions; privileged communications; immunity
A. "Blacklist" means any understanding or agreement whereby the names of any person
or persons, list of names, descriptions or other means of identification shall be spoken,
written, printed or implied for the purpose of being communicated or transmitted between
two or more employers of labor, or their bosses, foremen, superintendents, managers,
officers or other agents, whereby the laborer is prevented or prohibited from engaging in
a useful occupation. Any understanding or agreement between employers, or their bosses,
foremen, superintendents, managers, officers or other agents, whether written or verbal,
comes within the meaning of this section and it makes no difference whether the
employers, or their bosses, foremen, superintendents, managers, officers or other agents,
act individually or for some company, corporation, syndicate, partnership or society and
it makes no difference whether they are employed or acting as agents for the same or
different companies, corporations, syndicates, partnerships or societies.
B. It is not unlawful for a former employer to provide to a requesting employer, or
agents acting in the employer's behalf, information concerning a person's education,
training, experience, qualifications and job performance to be used for the purpose of
evaluating the person for employment. It is not unlawful for a school district to
provide information received as a result of a fingerprint check required by section
15-512 to any other school district if requested to do so by the person who was the
subject of the fingerprint check. A copy of any written communication regarding
employment must be sent by the employer providing the information to the former
employee's last known address.
C. An employer who in good faith provides information requested by a prospective
employer about the reason for termination of a former employee or about the job
performance, professional conduct or evaluation of a current or former employee is immune
from civil liability for the disclosure or the consequences of providing the
information. There is a presumption of good faith if either:
1. The employer employs less than one hundred employees and provides only the
information authorized by this subsection.
2. The employer employs at least one hundred employees and has a regular practice
in this state of providing information requested by a prospective employer about the
reason for termination of a former employee or about the job performance, professional
conduct or evaluation of a current or former employee.
D. The presumption of good faith under subsection C of this section is rebuttable
by showing that the employer disclosed the information with actual malice or with intent
to mislead. This subsection and subsection C of this section do not alter any privileges
that exist under common law. For the purposes of this subsection, "actual malice" means
knowledge that the information was false or was provided with reckless disregard of its
truth or falsity.
E. Communications concerning employees or prospective employees that are made by an
employer or prospective employer, or by a labor organization, to a government body or
agency and that are required by law or that are furnished pursuant to written rules or
policies of the government body or agency are privileged.
F. An employer, including this state and its agencies, a labor organization or an
individual is not civilly liable for privileged communications made pursuant to
subsection E of this section.
G. In response to a request by another bank, savings and loan association, credit
union, escrow agent, commercial mortgage banker, mortgage banker or mortgage broker it is
not unlawful for a bank, a savings and loan association, a credit union, an escrow agent,
a commercial mortgage banker, a mortgage banker or a mortgage broker to provide a written
employment reference that advises of the applicant's involvement in any theft,
embezzlement, misappropriation or other defalcation that has been reported to federal
authorities pursuant to federal banking guidelines or reported to the department of
financial institutions. In order for the immunity provided in subsection H of this
section to apply, a copy of the written employment reference must be sent by the
institution providing the reference to the last known address of the applicant in
question.
H. No bank, savings and loan association, credit union, escrow agent, commercial
mortgage banker, mortgage banker or mortgage broker shall be civilly liable for providing
an employment reference unless the information provided is false and the bank, savings
and loan association, credit union, escrow agent, commercial mortgage banker, mortgage
banker or mortgage broker providing the false information does so with knowledge and
malice.
I. A court shall award court costs, attorney fees and other related expenses to any
party that prevails in any civil proceeding in which a violation of this section is
alleged.
23-1362 Blacklisting; classification
A. A person commits blacklisting if he knowingly exchanges, solicits or gives out
any labor blacklist.
B. A person who commits blacklisting is guilty of a class 2 misdemeanor.
23-1381 Declaration of policy
It is hereby declared to be the policy of this state that the uninterrupted
production, packing, processing, transporting and marketing of agricultural products are
vital to the public interest. It is also declared to be the policy of this state that
agricultural employees are free to organize, to take concerted action and, through
representatives of their own choosing, to enter into collective bargaining contracts
establishing their wages and terms and conditions of employment or to refrain from
engaging in any or all of these activities. It is further declared that there now exists
an inequality of bargaining power between agricultural employers and labor unions,
arising out of the seasonal character and perishable nature of such agricultural
products, the mobility of agricultural labor and the fundamental differences between
agriculture and industry. While the right to strike is a basic right of organized labor,
such right must take into account the perishable character and the seasonal nature of
agricultural products and must be limited and regulated accordingly. It is the intent of
the legislature to provide a means to bargain collectively that is fair and equitable to
agricultural employers, labor organizations and employees, to provide orderly election
procedures to resolve questions concerning representation of agricultural employees and
to declare that certain acts are unfair labor practices that are prohibited and that are
subject to control by the police power of this state. The overriding special interest of
this state with respect to certain secondary boycott activities originating in this
state, but extending across state lines and directed at employers in other states, must
be recognized, and such acts must be made unlawful and subject to control by the police
power of this state.
23-1382 Definitions
In this article, unless the context otherwise requires:
1. "Agricultural employee, permanent" means any employee who is over sixteen years
of age, who has been employed by a particular agricultural employer for at least six
months during the preceding calendar year and who is engaged in the growing or harvesting
of agricultural crops or the packing of agricultural crops if packing is accomplished in
the field. "Agricultural employee, temporary" means any employee who is over sixteen
years of age, who is employed by a particular agricultural employer, who has been so
employed during the preceding calendar year and who is engaged in the growing or
harvesting of agricultural crops or the packing of agricultural crops if packing is
accomplished in the field. If otherwise qualified, a person shall be considered an
agricultural employee if an agricultural employer pays the wages of the employee for work
performed for the employer's benefit or on his behalf, even though the supervision of the
employee, the bookkeeping and the issuance of payroll checks are by a person other than
the employer. In calculating a workday of an agricultural employee, one hour or more of
employment in any one day shall be considered a workday. "Agricultural employee" also
includes any 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. "Agricultural
employee" does not include any individual who:
(a) Is employed by his parent or spouse or by an immediate relative.
(b) Has the status of an independent contractor.
(c) Is employed as a supervisor or in a confidential capacity or as a clerical
employee or a guard.
(d) Is employed as an executive, professional or technical employee.
(e) Has quit or has been discharged for cause.
(f) Is a tenant or sharecropper and reasonably directs or shares in the management
of an enterprise engaged in agriculture.
(g) Is engaged in hauling or stitching functions.
2. "Agricultural employer" means any employer who is engaged in agriculture and who
employed six or more agricultural employees for a period of thirty days during the
preceding six month period and includes any person who provides labor and services on one
or more farms as an independent contractor if such person, for a period of thirty days
during the preceding six month period, employed six or more employees in such work. In
calculating the number of agricultural employees employed by an agricultural employer or
provided by an independent contractor, one hour or more of employment in any one day
shall be considered a day of work. Agricultural employer also includes any employer who
is engaged in agriculture with less than six agricultural employees and who voluntarily
elects to be subject to this article by filing a request in writing with the board.
3. "Agriculture" means all services performed on a farm as defined in section
23-603, including but not limited to the recruiting, housing and feeding of persons
employed or to be employed as agricultural employees by agricultural employers.
4. "Board" means the agricultural employment relations board.
5. "Farm" means any enterprise that is engaged in agriculture, that is operated
from one headquarters where the utilization of labor and equipment is directed and whose
tracts of land, if consisting of separate tracts of land, are located within a fifty mile
radius of such headquarters.
6. "Labor dispute" means any controversy between an agricultural employer and his
agricultural employees or their representative concerning terms, tenure or conditions of
employment or concerning the association or representation of persons in negotiating,
fixing, maintaining, changing or seeking to arrange terms or conditions of employment.
7. "Labor organization" means any organization or any agency defined in sections
23-1301 and 23-1321.
8. "Person" means one or more individuals, labor organizations, partnerships,
associations, corporations, legal representatives, trustees, trustees in bankruptcy or
receivers.
9. "Professional employee" means:
(a) Any employee engaged in agricultural work that either:
(i) Is predominantly intellectual and varied in character as opposed to routine
mental, manual, mechanical or physical work.
(ii) Involves the consistent exercise of discretion and judgment in its
performance.
(iii) Is of such character that the output produced or the result accomplished
cannot be standardized in relation to a given period of time.
(iv) Requires knowledge of an advanced type in a field of science or learning
customarily acquired by a prolonged course of specialized intellectual instruction and
study in an institution of higher learning.
(b) Any employee who has completed the course or courses of specialized
intellectual instruction and study described in subdivision (a), item (iv) and is
performing such work, or is performing such work or related work under the supervision of
a professional person while acquiring specialized instruction.
10. "Representative" means any individual or labor organization.
11. "Supervisor" means any individual who has authority to hire, transfer, suspend,
lay off, recall, promote, discharge, assign, reward or discipline other employees, or
responsibility to direct them, or to adjust their grievances, or effectively to recommend
such action, if such authority requires the use of independent judgment.
12. "Ultimate consumer" means the person who purchases an agricultural product for
consumption.
13. "Unfair labor practice" means any unfair labor practice listed in section
23-1385.
23-1383 Rights of employees
A. Agricultural employees have the right to self-organization, to bargain directly
for themselves, and to form and join or assist labor organizations to bargain
collectively through representatives of their own free choosing, or to engage in lawful
concerted activity for the purpose of collective bargaining or other mutual aid or
protection, and each such employee has the right, without interference from any source,
to refrain from any and all of these activities.
B. Agricultural employees also have those rights more particularly defined and
described in articles 1 and 3 of this chapter and shall be protected from the practices
described in article 4 of this chapter.
23-1384 Rights of employer
An agricultural employer has the following management rights:
1. To manage, control and conduct his operations, including but not limited to the
number of farms and their locations, methods of carrying on any operation or practices,
kinds of crops, time of work, size and makeup of crews, assignment of work and places of
work.
2. To hire, suspend, discharge or transfer employees in accordance with his
judgment of their ability.
3. To determine the type of equipment or machinery to be used, the standards and
quality of work, and the wages, hours and conditions of work. The terms of employment
relating to wages, hours, conditions of work and matters of worker safety, sanitation,
health and the establishment of grievance procedures directly relating to a job are
subject to negotiation.
4. To work on his own farm in any capacity at any time.
5. To join or refuse to join any labor organization or employer organization.
23-1385 Unfair labor practices; definition
A. It is an unfair labor practice for an agricultural employer:
1. To interfere with, restrain or coerce employees in the exercise of the rights
guaranteed in section 23-1383 and articles 1 and 3 of this chapter or to violate the
protection of employees from the practices described in article 4 of this chapter.
2. To dominate or interfere with the formation or administration of any labor
organization or contribute financial or other support to it. An agricultural employer
shall not be prohibited from permitting employees to confer with him during working hours
without loss of time or pay.
3. To encourage or discourage membership in any labor organization by
discrimination in regard to hiring or tenure of employment or any term or condition of
employment.
4. To discharge or otherwise discriminate against an agricultural employee because
he has filed charges or given testimony under this article.
5. To refuse to bargain collectively with the representatives of his employees,
subject to section 23-1389. Nothing in this article shall be construed as requiring an
agricultural employer to bargain collectively until a representative of his agricultural
employees has been determined by means of a valid secret ballot election.
6. To discharge or otherwise discriminate against any person because he has filed
charges or given testimony before the board or a court.
7. To threaten to have discharged any agricultural employee, or threaten to have
wages of any agricultural employees reduced, solely because of any labor activity.
B. It is an unfair labor practice for a labor organization or its agents to:
1. Impose any economic sanction, to restrain or coerce agricultural employees in
the exercise of their rights or to coerce or intimidate any employee in the enjoyment of
his legal rights provided by this article, or to intimidate his family, picket his
domicile or injure the person or property of any employee or his family. This paragraph
does not impair the right of a labor organization to prescribe its own rules with respect
to the acquisition or retention of membership.
2. Threaten or impose any economic sanction or reprisal against any person who is
not a member of the labor organization in the exercise of rights under this article,
including but not limited to the right to refrain from any or all concerted activity, or
against any person, who is not a member of the labor organization, who refrains from
compliance with a union rule, policy or practice that establishes or affects wages, hours
or working conditions at such person's place of employment.
3. Restrain, coerce, or threaten or impose any fine or other economic sanction
against any person who invokes the processes of the board, or the court, or against an
agricultural employer or employee in the selection of his representatives for the
purposes of collective bargaining or the adjustment of grievances.
4. Refuse to bargain collectively with an agricultural employer, provided it is the
majority representative of his agricultural employees as determined pursuant to section
23-1389.
5. Cause or attempt to cause an agricultural employer to:
(a) Pay or deliver or agree to pay or deliver any money or other thing of value for
services that are not performed or that are not to be performed.
(b) Establish or alter the number of employees to be employed or the assignment of
the employees.
(c) Assign work to the employees of a particular employer.
(d) Discriminate in regard to hiring or tenure of employment or any term or
condition of employment to encourage or discourage membership in any labor
organization. Nothing in this subdivision prohibits agreements between labor
organizations and agricultural employers that regulate hiring and tenure of employment on
the basis of seniority, and the labor organization is not given power to determine
seniority unilaterally.
6. Engage in a secondary boycott as defined in section 23-1321.
7. Induce or encourage or threaten, restrain or coerce any secondary employer or
any executive or management employee of any secondary employer to make a management
decision not to handle, transport, process, pack, sell or distribute any agricultural
commodity of an agricultural employer with whom a labor dispute exists.
8. Induce or encourage the ultimate consumer of any agricultural product to refrain
from purchasing, consuming or using such agricultural product by the use of dishonest,
untruthful and deceptive publicity. Permissible inducement or encouragement within the
meaning of this section means truthful, honest and nondeceptive publicity that identifies
the agricultural product produced by an agricultural employer with whom the labor
organization has a primary dispute. Permissible inducement or encouragement does not
include publicity directed against any trademark, trade name or generic name that may
include agricultural products of another producer or user of such trademark, trade name
or generic name.
9. Restrain, coerce or threaten an ultimate consumer to prevent him from
purchasing, consuming or using such agricultural product.
10. Threaten or engage in arson, libel, slander, injury to person or property or
other violent conduct if the objective is to prevent the preparing for market,
transporting, handling, displaying for sale, or selling of any agricultural product.
11. Intimidate, restrain or coerce agricultural employers in the exercise of the
rights guaranteed by section 23-1384.
12. Picket or cause to be picketed, boycott or cause to be boycotted, or threaten to
boycott or picket, or cause to be boycotted or picketed, any agricultural employer if the
objective is to induce, encourage, force or require an agricultural employer to recognize
or bargain with a labor organization as the representative of his agricultural employees,
or the agricultural employees of an agricultural employer to accept or select such labor
organization as their collective bargaining representative unless such labor organization
is currently certified as the representative of such employees:
(a) If the agricultural employer has lawfully recognized in accordance with this
article any other labor organization and a question concerning representation may not
appropriately be raised under section 23-1389.
(b) If within the preceding twelve months a valid election under section 23-1389
has been conducted.
(c) If a petition has been filed under section 23-1389.
13. Call a strike unless a majority of the employees within the bargaining unit has
first approved the calling of such a strike by secret ballot.
C. The expressing of any views, argument or opinion or the making of any statement,
including expressions intended to influence the outcome of an organizing campaign, a
bargaining controversy, a strike, lockout or other labor dispute, or the dissemination of
such views whether in written, printed, graphic, visual or auditory form, if such
expression contains no threat of reprisal or force or promise of benefit, does not
constitute or is not evidence of an unfair labor practice or does not constitute grounds
for, or evidence justifying, setting aside the results of any election conducted under
any of the provisions of this article. A statement of fact by either a labor
organization or an agricultural employer relating to existing or proposed operations of
the employer or to existing or proposed terms, tenure or conditions of employment with
the employer shall not be considered to constitute a threat of reprisal or force or
promise of benefit. An employer shall not be required to furnish or make available to a
labor organization, and no labor organization shall be required to furnish or make
available to an employer, materials, information, time or facilities to enable such
employer or labor organization, as the case may be, to communicate with employees of the
employer, members of the labor organization, its supporters or its adherents.
D. For the purposes of this section, "bargain collectively" means the performance
of the mutual obligation of the agricultural employer and the representative of the
agricultural employees to meet at reasonable times and confer in good faith with respect
to wages, hours, and other terms and conditions of employment that directly affect the
work of employees, or the negotiation of an agreement, or to resolve any question arising
thereunder. Bargain collectively includes the furnishing of necessary and relevant
information in connection with the negotiation of an agreement or any issue arising under
such agreement, or requiring as a condition for entering into an agreement the execution
of a written contract incorporating any agreement reached if requested by either party.
The failure or refusal of either party to agree to a proposal, to the making, changing or
withdrawing of a lawful proposal or to the making of a concession does not constitute, or
is not evidence, direct or indirect, of, a breach of this obligation. The board in any
remedial order shall not direct either party to make any concession, agree to any
proposal or make any payment of money except to employees who are reinstated with back
pay as provided in section 23-1390. This section does not require any agricultural
employer to bargain collectively with respect to any management rights. "Management
rights", as used in this subsection, includes but is not limited to the right to
discontinue the entire farming operation or any part of the operation, to contract out
any part of the work of the operation not covered by a labor contract, to sell or lease
any of the real or personal property involved in the operation or to determine the
methods, equipment and facilities to be used in producing agricultural products or the
agricultural products to be produced.
E. If there is in effect a collective bargaining contract covering agricultural
employees, the duty to bargain collectively also means that no party to the contract may
terminate or modify the contract, unless the party desiring such termination or
modification:
1. Serves a written notice on the other party to the contract of the proposed
termination or modification not less than sixty days prior to the expiration date of the
contract, or if such contract contains no expiration date, sixty days prior to the time
it is proposed to make such termination or modification.
2. Offers to meet and confer with the other party for the purpose of negotiating a
new contract or a contract containing the proposed modifications.
3. Continues the contract in full force and effect without resorting to a strike or
lockout for a period of sixty days after such notice is given or until the expiration
date of such contract, whichever occurs later.
F. The duties imposed on agricultural employers, agricultural employees and labor
organizations become inapplicable on an intervening certification of the board, under
which the labor organization or individual that is a party to the contract has been
superseded as or ceased to be the representative of the employees subject to section
23-1389, and the duties so imposed shall not be construed as requiring either party to
discuss or agree to any modification of the terms and conditions contained in a contract
for a fixed period, if such modification is to become effective before such terms and
conditions can be reopened under the provisions of the contract. Any agricultural
employee who engages in a strike within the sixty day period specified in this subsection
loses his status as an agricultural employee of the agricultural employer engaged in the
particular labor dispute for the purposes of this section and sections 23-1389 and
23-1390, but such loss of status for such employee terminates when he is reemployed by
such employer.
23-1386 Agricultural employment relations board; members; terms; appointment
A. An agricultural employment relations board is established that consists of seven
members.
B. The governor shall appoint the members of the board. Two of the members shall
be appointed as representatives of agriculture employers, two of the members appointed
shall be representatives of organized agricultural labor and the three additional
members, one of whom shall be the chairman of the board, shall be appointed as
representatives of the general public. The term of office of the members is five
years. On the initial appointment, one of the labor representatives shall be appointed
for a term of one year, one of the representatives of the general public shall be
appointed for a term of one year, one of the agricultural representatives shall be
appointed for a term of two years, one of the representatives of the general public shall
be appointed for a term of two years, one of the agricultural representatives shall be
appointed for a term of three years, one of the labor representatives shall be appointed
for a term of four years, and one of the public members of the board shall be appointed
for a term of five years. Any individual appointed to fill a vacancy of any member shall
be appointed only for the unexpired portion of the term of the member he is
succeeding. Members of the board may be removed from office by the governor on notice
and a hearing for neglect of duty or malfeasance in office but for no other cause.
C. The governor shall appoint two alternate members. One of the alternates shall
be appointed as a representative of organized agricultural labor and the other as a
representative of agriculture. Alternates shall be appointed for terms of five
years. Any individual appointed to fill a vacancy of any alternate shall be appointed
only for the unexpired portion of the term of the alternate he is succeeding. Alternates
may be removed from office by the governor on notice and a hearing for neglect of duty or
malfeasance in office, but for no other cause. No alternate may participate in
deliberations of the board except in the absence of a board member representing his area
of interest.
D. The governor shall appoint a general counsel of the board. The general counsel
is the exclusive legal representative of the board, has final authority, on behalf of the
board, with respect to the investigation of charges and the issuance of complaints under
section 23-1390 and with respect to the prosecution of such complaints by the board, and
has such other duties as the board may prescribe or as may be provided by law. The
general counsel shall appoint such assistants as needed to carry out the work of the
office.
E. A vacancy on the board does not impair the right of the remaining members to
exercise all of the powers of the board, and four members constitute a quorum of the
board. The board shall have an official seal that is judicially recognized.
F. The principal office of the board shall be in the city of Phoenix, but it may
meet and exercise any of its powers at any other place.
G. The board may meet in executive session on the decision of a majority of the
members of the board.
H. Meetings of the board may be called by the chairman or by a majority of the
members of the board by giving written notice to the chairman who shall notify all of the
members of the board as to the time and place of the board meeting.
23-1387 Powers and duties
A. By one or more of its members or by such agents or agencies as it may designate,
the board may prosecute any inquiry necessary to its functions in any part of this
state. A member of the board who participates in any such inquiry shall not be
disqualified from subsequently participating in a decision of the board in the same case.
B. The board shall adopt rules pursuant to title 41, chapter 6 as may be necessary
to carry out this article.
C. The board may also establish offices in such other cities as it deems necessary
and shall determine the region to be served by such offices. The board may delegate to
the heads of these offices as it deems appropriate its powers under section 23-1389 to
determine the unit appropriate for the purpose of collective bargaining, to investigate
and provide for hearings, to determine whether a question of representation exists and to
direct an election by a secret ballot and to certify, within a reasonable period of time,
the results of such election. The board may review any action taken pursuant to the
authority delegated under this subsection by any regional officer on a request for a
review of such action filed with the board by any interested party. Any such review made
by the board, unless specifically ordered by the board, does not operate as a stay of any
action taken by the regional officer. The entire record considered by the board in
considering or acting on any such request or review shall be made available to all
parties before the consideration or action, and the board's findings and action thereon
shall be published as a decision of the board.
23-1388 Officers and employees of the board
A. The board may appoint an executive secretary and such attorneys and other
employees as it may from time to time find necessary for the proper performance of its
duties. Compensation for all such personnel shall be as determined pursuant to section
38-611.
B. The board may not employ any attorney for the purpose of reviewing transcripts
of hearings or preparing drafts of opinions, except that any attorney employed for
assignment as a legal assistant to any board member may review such transcripts and
prepare such drafts for the board member.
C. No administrative law judge's report may be reviewed, either before or after its
publication, by any person other than a member of the board or his legal assistant, and
no administrative law judge may advise or consult with the board with respect to
exceptions taken to his findings, rulings or recommendations.
D. At the discretion of the board, attorneys appointed under this section may
appear for and represent the board in any case in court.
23-1389 Representatives and elections
A. Representatives selected by a secret ballot for the purposes of collective
bargaining by the majority of the agricultural employees in a unit appropriate for such
purposes are the exclusive representatives of all of the agricultural employees in such
unit for the purpose of collective bargaining in respect to rates of pay, wages, hours of
employment or other conditions of employment. If ratification of any such contract is
required, the right to vote in such ratification is limited to the employees in the
bargaining unit. Any individual agricultural employee or a group of agricultural
employees at any time may present grievances to their agricultural employer and have such
grievances adjusted, without the intervention of the bargaining representative, if the
adjustment is not inconsistent with the terms of a collective bargaining contract or
agreement then in effect. The bargaining representative may be present at such
adjustment.
B. The board shall decide in each case whether in order to ensure to employees the
fullest freedom in exercising their rights the unit appropriate for the purposes of
collective bargaining shall consist of either all temporary agricultural employees or all
permanent agricultural employees of an agricultural employer working at the farm where
such employer grows or produces agricultural products, or both. In making unit
determinations the extent of a union's extent of organization shall not be
controlling. Principal factors should be the community of interest between employees,
the same hours, duties and compensation, the administrative structure of the employer and
the control of labor relations policies.
C. The board shall investigate any petition and, if it has reasonable cause to
believe that a question of representation exists, shall provide for an appropriate
hearing on due notice, if such petition has been filed in good faith in accordance with
the rules that may be prescribed by the board:
1. By an agricultural employee or group of agricultural employees or any individual
or labor organization acting in its behalf alleging that thirty per cent or more of the
number of agricultural employees in the unit in question either wish to be represented
for collective bargaining and that their employer declines to recognize their
representative or assert that the individual or labor organization that has been
certified or that is being currently recognized by their employer as the bargaining
representative is no longer a representative.
2. By an agricultural employer, alleging that one or more individuals or labor
organizations have presented to him a claim to be recognized as the representative or
that an individual or labor organization that has previously been certified as the
bargaining representative is no longer a representative.
D. If the board finds on the record of such hearing that a question of
representation exists, it shall direct an election by secret ballot and shall certify the
results. If a second labor organization files a petition for an election alleging that
thirty per cent or more of the employees in the unit in question desire to be represented
by that labor organization, the board shall require that the names of both labor
organizations appear on the ballot. In any election the voters shall be afforded the
choice of "no union". If in a representational election more than one union is on the
ballot, and none of the choices receives a majority vote, a second election shall be
held. The second election shall be between the union receiving the highest number of
votes and "no union". In any election a labor organization shall obtain a majority of
all votes cast in that election in order to be certified as the bargaining representative
of all of the employees in that unit.
E. In determining whether or not a question of representation exists, the same
rules of decision apply irrespective of the identity of the persons filing the petition
or the kind of relief sought. In no case may the board deny a labor organization a place
on the ballot by reason of an order with respect to such labor organization or its
predecessor not issued in conformity with section 23-1390.
F. Within five days of receipt of such a petition, the agricultural employer may
file a challenge to such petition on the ground that the authorization for the filing of
such petition is not current or that such authorization has been obtained by fraud,
misrepresentation or coercion. The petition shall not act to stay the election
proceeding, but if it is thereafter determined that the authorizations are not current or
are obtained by fraud, misrepresentation or coercion the petition will be dismissed.
G. No election may be directed or conducted in any bargaining unit or any
subdivision of a bargaining unit within which, in the preceding twelve month period, a
valid election has been held. Employees who are engaged in an economic strike and who
are not entitled to reinstatement are eligible to vote under such rules as the board
finds are consistent with the purposes and provisions of this article in any election
conducted within three months after the commencement of the strike. Any agricultural
employee who is found to have sought or accepted employment only for the purpose of
affecting the outcome of an election is not eligible to vote in an election conducted
pursuant to this article for a period of twelve months from the date of that election.
H. Nothing in this section shall be construed to prohibit the waiving of hearings
by stipulation for the purpose of a consent election in conformity with rules or
decisions of the board.
I. Within ten days after an election is directed by the board or a consent election
agreement is approved by the board and on request of the board, the agricultural employer
shall furnish to the board a list of agricultural employees in the bargaining unit who
are qualified to vote, and this list shall be made available to the organizations or
other interested employees involved in the election.
J. On the filing with the board, by thirty per cent or more of the agricultural
employees in a bargaining unit covered by a certification or by an agreement between
their employer and a labor organization made pursuant to section 23-1385, of a petition
alleging the desire that such representation authority be rescinded, the board shall
conduct an election by secret ballot of the employees in such unit and shall certify the
results to the labor organization and the employer.
23-1390 Prevention of unfair labor practices
A. The board, as provided in this section, may prevent any person from engaging in
any unfair labor practice.
B. If it is charged that any person has engaged in or is engaging in any such
unfair labor practice, the board, or any agent or agency designated by the board for such
purposes, may issue and cause to be served on the person a complaint stating the charges
in that respect and containing a notice of hearing before the board or a member of the
board or an administrative law judge at least five days after the serving of the
complaint. Hearings shall be conducted pursuant to title 41, chapter 6, article 10. No
complaint may issue based on any unfair labor practice occurring more than six months
before the filing of the charge with the board and the service of a copy of the complaint
on the person against whom the charge is made, unless the person so aggrieved was
prevented from filing the charge by reason of service in the armed forces, in which event
the six month period shall be computed from the day of the person's discharge. Any such
complaint may be amended by the member or administrative law judge conducting the hearing
or the board in its discretion at any time before the issuance of an order based on the
complaint. The person so complained of may file an answer to the original or amended
complaint, may appear in person or otherwise and may give testimony at the place and time
fixed in the complaint. In the discretion of the board or the member, agent or agency
conducting the hearing, any other person may be allowed to intervene in the proceeding
and to present testimony.
C. The testimony taken by the board or such member or administrative law judge
shall be reduced to writing and filed with the board. Thereafter, in its discretion, the
board on notice may take further testimony or hear argument. If on the preponderance of
the testimony taken the board determines that any person named in the complaint has
engaged in or is engaging in any unfair labor practice, the board shall state its
findings of fact and shall issue and cause to be served on the person an order requiring
the person to cease and desist from the unfair labor practice and shall take such
affirmative action, including reinstatement of employees with or without back pay, as
will effectuate the policies of this article. If an order directs reinstatement of an
employee, back pay may be required of the employer or labor organization, as the case may
be, responsible for the discrimination suffered by the employee. The order may further
require the person to make reports from time to time showing the extent to which the
person has complied with the order. If on the preponderance of the testimony taken the
board determines that the person named in the complaint has not engaged in or is not
engaging in any unfair labor practice, the board shall state its findings of fact and
shall issue an order dismissing the complaint. No order of the board may require the
reinstatement of any individual as an employee who has been suspended or discharged, or
the payment to the individual of any back pay, if the individual was suspended or
discharged for cause. If the evidence is presented before a member of the board, or
before an examiner or examiners of the board, the member, or the examiner or examiners,
as the case may be, shall issue and cause to be served on the parties to the proceedings
a proposed report, together with a recommended order, that shall be filed with the board,
and if no exceptions are filed within ten days after service of the order on such
parties, or within such further period as the board may authorize, such recommended order
becomes the order of the board and is as prescribed in the order.
D. Until the record in a case is filed in a court, as provided in this section, the
board at any time on reasonable notice and in a manner as it deems proper may modify or
set aside, in whole or in part, any finding or order made or issued by it.
E. The board may petition the superior court in any county where the unfair labor
practice in question occurred or where the person resides or transacts business for the
enforcement of the order and for appropriate temporary relief or a restraining order. On
the filing of the petition the court shall cause notice to be served on the person, and
thereupon has jurisdiction of the proceeding and of the question determined therein, and
may grant such temporary relief or restraining order as it deems just and proper and may
make and enter a decree enforcing, modifying, and enforcing as so modified, or setting
aside in whole or in part the order of the board.
F. Except as provided in section 41-1092.08, subsection H, final decisions of the
board are subject to judicial review pursuant to title 12, chapter 7, article 6.
G. If an order of the board made pursuant to this section is based in whole or in
part on facts certified following an investigation pursuant to section 23-1389 and there
is a petition for the enforcement of the order, the certification and the record of such
investigation shall be included in the transcript of the entire record required to be
filed under subsection E of this section, and the decree of the court enforcing the order
of the board shall be made and entered based on the pleadings, testimony and proceedings
set forth in the transcript. The court shall not enforce any order of the board that
rests, in whole or in part, on evidence adduced from witnesses who have not testified
under oath and who have not been subject to cross-examination by opposing parties.
H. Unless specifically ordered by the court, the commencement of proceedings under
subsection E or F of this section does not operate as a stay of the board's order.
I. Petitions filed under this article shall be heard expeditiously, and if possible
within ten days after they have been docketed.
J. On issuance of a complaint as provided in subsection B of this section charging
that any person has engaged in or is engaging in an unfair labor practice, the board may
petition the superior court in any county where the unfair labor practice in question is
alleged to have occurred or where the person resides or transacts business for
appropriate temporary relief or a restraining order. On the filing of any such petition
the court shall cause notice to be served on the person and thereupon has jurisdiction to
grant to the board such temporary relief or restraining order as it deems just and
proper.
K. If it is charged that any person has engaged in an unfair labor practice, the
preliminary investigation of the charge shall be made immediately and shall be given
priority over all other cases except cases of like character in the office where it is
filed or to which it is referred. If, after such investigation, the officer to whom the
matter may be referred has reasonable cause to believe that the charge is true and that a
complaint should issue, the officer shall petition, on behalf of the board, the superior
court in the county where the unfair labor practice in question has occurred or is
alleged to have occurred, or where the person alleged to have committed the unfair labor
practice resides or transacts business, for appropriate injunctive relief pending the
final adjudication of the board with respect to the matter. On the filing of any such
petition the superior court has jurisdiction to grant any injunctive relief or temporary
restraining order it deems just and proper, notwithstanding any other law, except that no
temporary restraining order may be issued without notice unless a petition alleges that
substantial and irreparable injury to the charging party will be unavoidable and the
temporary restraining order is effective for no longer than five days and will become
void at the expiration of such period. On the filing of any such petition the court shall
cause notice to be served on any person complained against in the charge and the person,
including the charging party, shall be given an opportunity to appear in person or by
counsel and present any relevant testimony. For the purposes of this subsection, the
superior court is deemed to have jurisdiction of a labor organization either in the
county in which the organization maintains its principal office or in any county in which
its duly authorized officers or agents are engaged in promoting or protecting the
interests of employee members. The service of legal process on an officer or agent
constitutes service on the labor organization and makes the organization a party to the
suit.
23-1391 Investigatory powers
A. The board, or its duly authorized agent or agencies, shall have access to, at
all reasonable times, for the purpose of examination, and the right to copy any evidence
of any person being investigated or proceeded against that relates to any matter under
investigation or in question. The board or any member of the board on application of any
party to such proceedings forthwith shall issue to such party subpoenas requiring the
attendance and testimony of witnesses or the production of any evidence in such
proceeding or investigation requested in such application. Within five days after the
service of a subpoena on any person requiring the production of any evidence in his
possession or under his control, such person may petition the board to revoke, and the
board shall revoke, the subpoena if in its opinion the evidence whose production is
required does not relate to any matter under investigation, or any matter in question in
such proceedings, or if in its opinion such subpoena does not describe with sufficient
particularity the evidence whose production is required. Any member of the board, or any
agent or agency designated by the board for such purposes, may administer oaths and
affirmations, examine witnesses and receive evidence. The attendance of witnesses and
the production of the evidence may be required from any place in this state at any
designated place of hearing.
B. In case of contumacy or refusal to obey a subpoena issued to any person, the
superior court in the county within the jurisdiction of which the person guilty of
contumacy or refusal to obey is found or resides or transacts business, on application by
the board, has jurisdiction to issue to such person an order requiring the person to
appear before the board, or a member, agent or agency of the board, to produce evidence
if so ordered or to give testimony touching the matter under investigation or in
question. Failure to obey the order of the court may be punished by the court as
contempt.
C. Complaints, orders and other process and papers of the board, or a member, agent
or agency of the board, may be served either personally, by registered or certified mail,
by telegraph or by leaving a copy at the principal office, place of business or residence
of the person required to be served. The verified return by the individual personally
serving or leaving the copy, setting forth the manner of the service, and the return post
office receipt, if registered or certified, or telegraph receipt and mailed or
telegraphed as provided in this subsection, are proof of service. Witnesses summoned
before the board or its members, agent or agency shall be paid the same fees and mileage
that are paid witnesses in the superior court and witnesses whose depositions are taken,
and the persons taking the depositions are entitled to the same fees as are paid for like
services in the superior court.
D. The departments and agencies of this state, if directed by the governor, shall
furnish the board, on its request, with all unprivileged records, papers and information
in their possession relating to any matter before the board.
23-1392 Violation; classification
Any person who knowingly resists, prevents, impedes or interferes with any member of
the board or any of its agents or agencies in the performance of duties pursuant to this
article or who violates any provision of this article is guilty of a class 1
misdemeanor. This section does not apply to any activities carried on outside this
state.
23-1393 Court jurisdiction
A. Any person who is aggrieved or is injured in his business or property by reason
of any violation of this article, or a violation of an injunction issued as provided in
this section, may sue in the superior court in the county having jurisdiction of the
parties for recovery of any damages resulting from the unlawful action, regardless of
where such unlawful action occurred and regardless of where such damage occurred,
including costs of the suit and reasonable attorney fees. On the filing of the suit the
court also has jurisdiction to grant injunctive relief or a temporary restraining order
as it deems just and proper. Petitions for injunctive relief or temporary restraining
orders shall be heard expeditiously. Petitions for temporary restraining orders alleging
a violation of section 23-1385 shall be heard forthwith and if the petition alleges that
substantial and irreparable injury to the petitioner is unavoidable such temporary
restraining orders may be issued pursuant to rule 65 of the ARIZONA rules of civil
procedure.
B. In the case of a strike or boycott, or threat of a strike or boycott, against an
agricultural employer, the court may grant, and on proper application shall grant as
provided in this section, a ten day restraining order enjoining such a strike or boycott,
provided that if an agricultural employer invokes the court's jurisdiction to issue the
ten day restraining order to enjoin a strike as provided by this subsection, the employer
as a condition must agree to submit the dispute to binding arbitration as the means of
settling the unresolved issues. If the parties cannot agree on an arbitrator within two
days after the court awards a restraining order, the court shall appoint one to decide
the unresolved issues. Any agricultural employer is entitled to injunctive relief
accorded by rule 65 of the ARIZONA rules of civil procedure on the filing of a verified
petition showing that his agricultural employees are unlawfully on strike or are
unlawfully conducting a boycott, or are unlawfully threatening to strike or boycott, and
that the resulting cessation of work or conduct of a boycott will result in the
prevention of production or the loss, spoilage, deterioration or reduction in grade,
quality or marketability of an agricultural commodity or commodities for human
consumption in commercial quantities. For the purpose of this subsection, an
agricultural commodity or commodities for human consumption with a market value of five
thousand dollars or more constitutes commercial quantities.
C. For the purpose of this article, the superior court has jurisdiction of a labor
organization in this state if such organization maintains its principal office in this
state, or if its duly authorized officers or agents are engaged in promoting or
protecting the interests of agricultural employee members or in the solicitation of such
prospective members in this state.
D. The service of any summons, subpoena or other legal process of the superior
court on an officer or agent of a labor organization, in his capacity as such,
constitutes service on the labor organization.
E. Any labor organization that represents employees as defined in this article, and
any agricultural employer, are bound by the acts of its agents. Any such labor
organization may sue or be sued as an entity and in behalf of the employees whom it
represents in the courts of this state.
F. For the purposes of this article, in determining whether any person is acting as
an agent of another person in order to make the other person responsible for his acts,
the question of whether the specific acts performed were actually authorized or
subsequently ratified is not controlling. Nothing in this section shall be deemed to
preclude an agent being sued both in his capacity as an agent and as an individual.
23-1394 Scope of article
This article applies only to such persons, labor organizations or activities as are
not within the jurisdiction of the national labor relations act or the jurisdictional
guidelines established by the national labor relations board.
23-1395 Limitations
A. Nothing in this article, except as otherwise specifically provided, shall be
construed as to interfere with or impede or diminish in any way the right to strike, or
to affect the limitations or qualifications on that right.
B. Nothing in this article prohibits any individual employed as a supervisor from
becoming or remaining a member of a labor organization, but no employer subject to this
article may be compelled to deem such supervisors as agricultural employees for the
purpose of any law, either national or local, relating to collective bargaining.
23-1411 Public safety employee organizational rights; definition
A. Public safety employees serving any city, town, county or fire district in this
state have the right to join employee associations which comply with the laws of this
state and have freedom to present proposals and testimony to the governing body of any
city, town, county or fire district and their representatives. A person shall not be
discharged, disciplined or discriminated against because of the exercise of these rights.
B. This section shall not be construed to compel or prohibit in any manner any
employee wage and benefit negotiations.
C. For the purposes of this section, "public safety employee" includes a probation
officer or surveillance officer who is employed by this state or a political subdivision
of this state. 23-1412 Department of public safety; employee organizations; terms and conditions of employment; definition
(Rpld. 1/1/10)
A. The department of public safety is recognized as the sole and exclusive
authority pursuant to law with respect to determining the level of and the manner in
which the department of public safety activities are conducted, managed and administered.
It is the exclusive right of the director of the department of public safety to establish
and maintain departmental rules and procedures for the administration of the department
of public safety.
B. Department employees or employee organizations shall not engage in a sickout,
work slowdown or strike or any other action that will disrupt the delivery of services.
C. This section shall not be construed to:
1. Affect or limit the existing right of the department of public safety to:
(a) Direct the work of department employees.
(b) Hire, promote, demote, transfer, assign and retrain department employees.
(c) Suspend, discharge or discipline department employees.
(d) Maintain the efficiency of governmental operations.
(e) Relieve department employees from job responsibilities due to lack of work or
other legitimate reasons.
2. Invalidate or limit other rights, remedies or procedures of this state relating
to any issue of employment of department employees.
D. The department of public safety shall:
1. Allow department employees the right to form and join employee organizations.
2. Recognize an employee organization that is elected by a majority of the
department employees.
3. Agree to meet and confer with the elected employee organization regarding hours
and terms and conditions of employment. The terms and conditions discussed pursuant to
this paragraph shall not include wages.
4. Commit any agreements regarding working conditions and hours to writing in a
contract.
E. The elected employee organization and department of public safety shall meet and
confer on a regular basis, at least once every two years, to discuss hours of employment
and other conditions of employment of department employees. On the request of the
employee organization, the department of public safety shall meet and confer with the
employee organization in good faith at reasonable times. If the department of public
safety and the employee organization reach an agreement, the agreement shall be submitted
to the governor for consideration pursuant to subsection G of this section.
F. If an agreement is not reached and the possibility of settlement is remote after
the parties meet and confer for a reasonable period of time, the department of public
safety or the employee organization may offer to the other party a written request to
begin a mediation process. The mediation process shall be voluntary and nonbinding. The
mediation process shall use a neutral third party mediator to assist the parties in
reaching a voluntary agreement. During the mediation process, each party shall agree to
make a good faith attempt to resolve the issues, to cooperate with the mediator and to be
open, candid and complete. The mediator shall only facilitate the meet and confer process
and shall not impose any term of the agreement on the parties. If the parties reach an
agreement during the mediation process, the agreement shall be submitted to the governor
for consideration pursuant to subsection G of this section. If the mediation process does
not resolve all disputed issues between the parties, either party may advise the governor
of the issues that remain in dispute.
G. The governor shall review any agreement or proposed compromise that is reached
under this section. The governor may reject, accept or modify any agreement or compromise
after considering the interests of the department employees and the public interest. Any
agreement or compromise is subject to all applicable statutory limitations for the
department of public safety. The final decision by the governor shall be binding.
H. The department of public safety shall record the proceedings of each meeting
with an employee organization.
I. The department of public safety may adopt policies to govern the process
established pursuant to this section.
J. For the purposes of this section "employee organization" means any organization
of any kind, or any agency or employee representation committee or plan, in which
employees participate and which exists for the purpose, in whole or in part, of dealing
with employers concerning grievances, labor disputes, training, hours of employment or
other conditions of employment.
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