Section 704. Unfair labor practices  


Latest version.
  • It shall be an unfair labor practice
      for an employer:
        1. To spy upon or keep under surveillance, whether directly or through
      agents or any  other  person,  any  activities  of  employees  or  their
      representatives  in  the  exercise  of  the rights guaranteed by section
      seven hundred three.
        2. To prepare, maintain, distribute  or  circulate  any  blacklist  of
      individuals  for  the purpose of preventing any of such individuals from
      obtaining or retaining  employment  because  of  the  exercise  by  such
      individuals  of  any  of  the rights guaranteed by section seven hundred
      three.
        3.  To  dominate  or  interfere  with  the  formation,  existence,  or
      administration  of  any  employee organization or association, agency or
      plan which exists in whole or in part for the purpose  of  dealing  with
      employers  concerning  terms or conditions of employment, labor disputes
      or grievances, or to contribute financial or other support to  any  such
      organization,  by any means, including but not limited to the following:
      (a) by  participating  or  assisting  in,  supervising,  controlling  or
      dominating   (1)  the  initiation  or  creation  of  any  such  employee
      organization or association, agency,  or  plan,  or  (2)  the  meetings,
      management,   operation,   elections,   formulation   or   amendment  of
      constitution, rules or policies, of any such  employee  organization  or
      association,  agency  or  plan;  (b) by urging the employees to join any
      such employee organization  or  association,  agency  or  plan  for  the
      purpose  of  encouraging membership in the same; (c) by compensating any
      employee or individual for services performed  in  behalf  of  any  such
      employee  organization  or  association,  agency or plan, or by donating
      free services, equipment, materials, office or meeting space or anything
      else of  value  for  the  use  of  any  such  employee  organization  or
      association,  agency  or  plan;  provided that, an employer shall not be
      prohibited from permitting employees to confer with him  during  working
      hours without loss of time or pay.
        4. To require an employee or one seeking employment, as a condition of
      employment,  to  join  any  company union or to refrain from forming, or
      joining or assisting a labor organization of his own choosing.
        5.  To  encourage  membership  in  any  company  union  or  discourage
      membership  in  any  labor  organization, by discrimination in regard to
      hire or tenure or in any term or condition of employment: Provided  that
      nothing  in  this  article  shall  preclude  an  employer from making an
      agreement  with  a  labor  organization  requiring  as  a  condition  of
      employment  membership  therein,  if  such  labor  organization  is  the
      representative of employees as provided in section seven hundred five.
        6. To refuse to  bargain  collectively  with  the  representatives  of
      employees, subject to the provisions of section seven hundred five.
        7.  To refuse to discuss grievances with representatives of employees,
      subject to the provisions of section seven hundred five.
        8. To discharge or otherwise discriminate against an employee  because
      he has signed or filed any affidavit, petition or complaint or given any
      information or testimony under this article.
        9.  To distribute or circulate any blacklist of individuals exercising
      any right created or confirmed by this article or of members of a  labor
      organization,  or to inform any person of the exercise by any individual
      of such right, or of  the  membership  of  any  individual  in  a  labor
      organization for the purpose of preventing individuals so blacklisted or
      so named from obtaining or retaining employment.
        10.  To  do  any  acts,  other  than  those already enumerated in this
      section, which interfere with,  restrain  or  coerce  employees  in  the
      exercise of the rights guaranteed by section seven hundred three.
    
        11. To utilize any state funding appropriated for any purpose to train
      managers,   supervisors  or  other  administrative  personnel  regarding
      methods to discourage union organization, or to discourage  an  employee
      from participating in a union organizing drive.