§ 35.043. UNFAIR LABOR PRACTICES.

(A)

Public employers or their agents or representatives are prohibited from:

(1)

Interfering with, restraining or coercing public employees in the exercise of any rights guaranteed them under this subchapter;

(2)

Encouraging or discouraging membership in any employee organization by discrimination in regard to hiring, tenure, or other conditions of employment;

(3)

Refusing to bargain collectively or failing to bargain collectively in good faith, or refusing to sign a final agreement agreed upon with the certified bargaining agent for the public employees in the bargaining unit;

(4)

Discharging or discriminating against a public employee because he has filed charges or given testimony under this subchapter;

(5)

Dominating, interfering with, or assisting in the formation, existence, or administration of any employee organization, or contributing financial support to an organization;

(6)

Refusing to discuss grievances in good faith, pursuant to the terms of the collective bargaining agreement with either the certified bargaining agent or the public employee or employees involved.

(B)

A public employee organization or anyone acting in its behalf, its officers, representatives, agents, or members are prohibited from:

(1)

Interfering with, restraining or coercing public employees in the exercise of any rights guaranteed them under this subchapter; or from interfering with, restraining or coercing managerial employees by reason of their performance of job duties or other activities undertaken in the interests of the public employer;

(2)

Causing or attempting to cause a public employer to discriminate against an employee because of the employee's membership or nonmembership in an employee organization or to attempt to cause the public employer to violate any of the provisions of this subchapter;

(3)

Refusing to bargain collectively or failing to bargain collectively in good faith with a public employer;

(4)

Discriminating against an employee because he has signed or filed an affidavit, charge, petition, or complaint, or given any information or testimony in any proceedings provided for in this subchapter;

(5)

Participating in a strike against the public employer by instigating or supporting, in any positive manner, a strike. Any violation of this Section shall subject the violator to the penalties provided in this subchapter;

(6)

Instigating or advocating support, in any positive manner, for an employee organization's activities from high school or grade school students, or institutions of higher learning.

(C)

Notwithstanding the provisions of subsections (A) and (B), the parties' rights of free speech shall not be infringed upon, and the expression of any argument or opinions shall not constitute or be evidence of an unfair employment practice or of any other violation of this subchapter, if an expression contains no promise of benefits, nor threat, reprisal, or force.

(Code 1980, § 20-16; Am. Ord. No. 74-77, passed 12/12/77; Am. Ord. No. 70-79, passed 10/8/79)