South Dakota § 60-9A-1 - Definition of terms.

§ 60-9A-1. Definition of terms.

Terms used in this chapter mean:

(1)    "Collective bargaining unit," an organization selected by secret ballot by a majority vote of the employees of a unit appropriate for such purpose;

(2)    "Department," the Department of Labor and Regulation or any of its officers or employees authorized to act for it;

(3)    "Employee," any person, other than an independent contractor, domestic servants employed in and about private homes and farm and ranch labor, working for another for hire in the State of South Dakota in a nonexecutive or nonsupervisory capacity, and shall include any individual whose work has ceased solely as a consequence of or in connection with any current labor dispute or because of any unfair labor practice on the part of an employer;

(4)    "Employer," a person who engages the services of an employee and shall include any person acting on behalf of an employer within the scope of his authority, but shall not include the United States or any labor organization, except when acting as an employer in fact; or the government of the State of South Dakota and any of the political subdivisions thereof;

(5)    "Grievance," a complaint by an employee or group of employees based upon an alleged violation, misinterpretation, or inequitable application of any existing agreements, contracts, ordinances, policies or rules of the employer, as they apply to the conditions of employment. A disagreement over a nonexisting agreement, contract, ordinance, policy or rule is not a grievance;

(6)    "Labor dispute," any controversy concerning wages, hours, or other 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; provided that the general right of an employer to select his own employees is recognized and shall be fully protected. It shall not constitute a labor dispute if an employer discharges, or refuses to employ an employee on account of incompetence, neglect of work, unsatisfactory service or dishonesty;

(7)    "Representative," any person who is the duly authorized agent of a collective bargaining unit.

Source: SL 1974, ch 323, § 1; SL 1993, ch 375, § 10; SL 2011, ch 1 (Ex. Ord. 11-1), § 33, eff. Apr. 12, 2011.