§89-12 Strikes, rights and prohibitions. (a) [Subsection effective until June 30, 2002. For section effective July 1, 2002, see below.] Participation in a strike shall be unlawful for any employee who (1) is not included in an appropriate bargaining unit for which an exclusive representative has been certified by the board, or (2) is included in an appropriate bargaining unit for which process for resolution of a dispute is by referral to final and binding arbitration, or (3) is an essential employee.
(a) [Subsection effective July 1, 2002. For present provision, see above.] It shall be unlawful for any employee to participate in a strike if the employee:
(1) Is not included in the appropriate bargaining unit involved in an impasse; or
(2) Is included in the appropriate bargaining unit involved in an impasse that has been referred to arbitration for a decision; or
(3) Is an essential employee, but only when the employee is designated to fill an essential position.
(b) [Subsection effective until June 30, 2002. For section effective July 1, 2002, see below.] It shall be lawful for an employee, who is not prohibited from striking under paragraph (a) and who is in the appropriate bargaining unit involved in an impasse, to participate in a strike after (1) the requirements of section 89-11 relating to the resolution of disputes have been complied with in good faith, (2) the proceedings for the prevention of any prohibited practices have been exhausted, (3) sixty days have elapsed since the fact-finding board has made public its findings and any recommendation, (4) the exclusive representative has given a ten-day notice of intent to strike to the board and to the employer.
(b) [Subsection effective July 1, 2002. For present provision, see above.] It shall be lawful for an employee, who is not prohibited from striking under subsection (a) and who is in the appropriate bargaining unit involved in an impasse, to participate in a strike under the following conditions:
(1) The requirements of section 89-11 relating to the resolution of disputes have been complied with in good faith;
(2) The proceedings for the prevention of any prohibited practices have been exhausted;
(3) The collective bargaining agreement and any extension of the agreement has expired; and
(4) The exclusive representative has given a ten-day notice of intent to strike to the board and to the employer.
(c)(1) If a strike, which may endanger the health or safety of the public, is about to occur or is in progress, the public employer concerned may petition the board to make an investigation. If the board finds that there is imminent or present danger to the health or safety of the public, the board shall establish specific requirements that must be complied with and which shall include, but not be limited to:
(A) Designation of essential positions; and
(B) Any other requirement it deems necessary in order to avoid or remove any imminent or present danger to the health or safety of the public.
(2) The public employer shall give notice to an essential employee:
(A) By serving or delivering a copy thereof to the essential employee being notified; or
(B) By mailing a copy thereof by certified or registered mail, return receipt requested, deliverable to the addressee only, addressed to the essential employee being notified at the essential employee's place of residence; or
(C) If service cannot be effected as set forth in (2)(A) or (2)(B) above, or if the strike is in progress, by publishing at least once a day for three consecutive days, a copy thereof in both of the newspapers having the largest general circulation in the State. After the final publication, it shall be conclusively presumed that the essential employee has received such notice.
After receipt of notice, it shall be the duty of the essential employee to contact the public employer for the essential employee's work assignment.
(d) No employee organization shall declare or authorize a strike of employees, which is or would be in violation of this section. Where it is alleged by the public employer that an employee organization has declared or authorized a strike of employees which is or would be in violation of this section, the public employer may apply to the board for a declaration that the strike is or would be unlawful and the board, after affording an opportunity to the employee organization to be heard on the application, may make such a declaration.
(e) If any employee organization or any employee is violating or failing to comply with the requirements of this section, or if there is reasonable cause to believe that an employee organization or an employee will violate or fail to comply with such requirements, the public employer affected shall, forthwith, institute appropriate proceedings in the circuit in which the violation occurs to enjoin the performance of any acts or practices forbidden by this section, or to require the employee organization or employees to comply with the requirements of this section. Jurisdiction to hear and dispose of all actions under this section is conferred upon each circuit court, and each court may issue in compliance with chapter 380, such orders and decrees, by way of injunction, mandatory injunction, or otherwise, as may be appropriate to enforce this section. The right to a jury trial shall not apply to any proceeding brought under this section. [L 1970, c 171, pt of §2; am L 1980, c 252, §2; gen ch 1985; am L 2000, c 253, §101]