Alaska Statutes
Alaska Stat. § 23.40.110 (2026)
Unfair labor practices
✓ current as of July 2026
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Sec. 23.40.110. Unfair labor practices.
(a) A public employer or an agent of a public employer may not
(1) interfere with, restrain, or coerce an employee in the exercise of the employee's rights guaranteed in AS 23.40.080;
(2) dominate or interfere with the formation, existence, or administration of an organization;
(3) discriminate in regard to hire or tenure of employment or a term or condition of employment to encourage or discourage membership in an organization;
(4) discharge or discriminate against an employee because the employee has signed or filed an affidavit, petition, or complaint or given testimony under AS 23.40.070 — 23.40.260;
(5) refuse to bargain collectively in good faith with an organization which is the exclusive representative of employees in an appropriate unit, including but not limited to the discussing of grievances with the exclusive representative.
(b) Nothing in this chapter prohibits a public employer from making an agreement with an organization to require as a condition of employment
(1) membership in the organization which represents the unit on or after the 30th day following the beginning of employment or on the effective date of the agreement, whichever is later; or
(2) payment by the employee to the exclusive bargaining agent of a service fee to reimburse the exclusive bargaining agent for the expense of representing the members of the bargaining unit.
(c) A labor or employee organization or its agents may not
(1) restrain or coerce
(A) an employee in the exercise of the rights guaranteed in AS 23.40.080; or
(B) a public employer in the selection of the employer's representative for the purposes of collective bargaining or the adjustment of grievances;
(2) refuse to bargain collectively in good faith with a public employer, if it has been designated in accordance with the provisions of AS 23.40.070 — 23.40.260 as the exclusive representative of employees in an appropriate unit.
(a) A public employer or an agent of a public employer may not
(1) interfere with, restrain, or coerce an employee in the exercise of the employee's rights guaranteed in AS 23.40.080;
(2) dominate or interfere with the formation, existence, or administration of an organization;
(3) discriminate in regard to hire or tenure of employment or a term or condition of employment to encourage or discourage membership in an organization;
(4) discharge or discriminate against an employee because the employee has signed or filed an affidavit, petition, or complaint or given testimony under AS 23.40.070 — 23.40.260;
(5) refuse to bargain collectively in good faith with an organization which is the exclusive representative of employees in an appropriate unit, including but not limited to the discussing of grievances with the exclusive representative.
(b) Nothing in this chapter prohibits a public employer from making an agreement with an organization to require as a condition of employment
(1) membership in the organization which represents the unit on or after the 30th day following the beginning of employment or on the effective date of the agreement, whichever is later; or
(2) payment by the employee to the exclusive bargaining agent of a service fee to reimburse the exclusive bargaining agent for the expense of representing the members of the bargaining unit.
(c) A labor or employee organization or its agents may not
(1) restrain or coerce
(A) an employee in the exercise of the rights guaranteed in AS 23.40.080; or
(B) a public employer in the selection of the employer's representative for the purposes of collective bargaining or the adjustment of grievances;
(2) refuse to bargain collectively in good faith with a public employer, if it has been designated in accordance with the provisions of AS 23.40.070 — 23.40.260 as the exclusive representative of employees in an appropriate unit.
Notes of Decisions
Cited in 23
cases (2 in the last 5 years), 1975–2026 · leading case: Alaska Cmty. Colleges' Fed'n of Teachers, Local No. 2404 v. Univ. of Alaska, 669 P.2d 1299 (Alaska 1983).
Alaska Cmty. Colleges' Fed'n of Teachers, Local No. 2404 v. Univ. of Alaska, 669 P.2d 1299 (Alaska 1983). “[6] The Union contends that the University committed an unfair labor practice by denying Petersen summer employment because of his activities as a negotiator, in violation of AS 23.40.110(a)(1) and .110(a)(3). Those provisions read as follows: Unfair labor practices.”
Pub. Saf. Employees Ass'n v. City of Fairbanks, 420 P.3d 1243 (Alaska 2018). “" 24 We therefore apply the reasonable basis standard to the ALRA panel's conclusion that the City violated AS 23.40.110(a)(5). 25 The factual findings the ALRA panel made in reaching that conclusion, including whether the City bargained in bad faith and whether it strung out…”
Pub. Saf. Employees Ass'n v. State, 799 P.2d 315 (Alaska 1990). “8 This Court has previously held that AS 23.40.110 prohibits essentially the same conduct prohibited by federal labor laws.”
State of Alaska v. Alaska State Employees Ass'n/Am. Fed'n of State, Cnty. & Mun. Employees Local 52, AFL-CIO, 529 P.3d 547 (Alaska 2023). “080 (providing that public employees may organize to bargain collectively); AS 23.40.110 (prohibiting public employer from interfering with organization under AS 23.”
Crockett v. Nea-Alaska, 367 F. Supp. 3d 996 (D. Alaska 2019). “Plaintiffs in this case at this time include Timothy Christopherson, Kathryn McCollum, David Ness, Carol Carman, Dolores McKee, and Donn Liston.”
Wholey v. Roebuck, 803 A.2d 482 (Md. 2002). “) (reporting *68 violations of ethics code for public officials); Alaska Stat. § 23.40.110 (Michic 2000)(reporting by state employees); Ariz.”
Hafling v. Inlandboatmen's Union of the Pac., 585 P.2d 870 (Alaska 1978). “AS 23.40.110 specifically catalogs unfair labor practices beyond specific violations of agreements.”
State v. Pub. Saf. Employees Ass'n, 93 P.3d 409 (Alaska 2004). “See AS 23.40.110(a)(5) (prohibiting public employer from refusing to bargain collectively in good faith); AS 23.”
Hicklin v. Orbeck, 565 P.2d 159 (Alaska 1977). “110(3)) only if it can demonstrate to the court that this is the least drastic means to further a compelling state interest? What would be the fate under strict scrutiny of AS 23.40.110(b), which permits union shop or agency shop agreements for public employees? A "fundamental…”
Witt v. State, Dep't of Corr., 75 P.3d 1030 (Alaska 2003). “AS 23.40.110(a)(5). 24 . CBA's are contracts that this court interprets de novo, giving effect to the reasonable expectations of the parties.”
Peterson v. State, 280 P.3d 559 (Alaska 2012). “AS 23.40.110. . See AS 23.40.110(a)(1)-(2).”
Am. Fed'n of Teachers v. Ledbetter, 387 S.W.3d 360 (Mo. 2012). “, Alaska Stat. § 23.40.110 (a)(5); Cal. Gov.”
— Alaska Stat. § 23.40.110(a) — 3 cases
Univ. of Alaska v. Alaska Cmty. Colleges' Fed'n of Teachers, Local 2404, 64 P.3d 823 (Alaska 2003).
State of Alaska v. Alaska State Employees Ass'n/Am. Fed'n of State, Cnty. & Mun. Employees Local 52, AFL-CIO, 529 P.3d 547 (Alaska 2023). “080 (providing that public employees may organize to bargain collectively); AS 23.40.110 (prohibiting public employer from interfering with organization under AS 23.”
State v. City of Petersburg, 538 P.2d 263 (Alaska 1975).
— Alaska Stat. § 23.40.110(a)(1) — 5 cases
Alaska Cmty. Colleges' Fed'n of Teachers, Local No. 2404 v. Univ. of Alaska, 669 P.2d 1299 (Alaska 1983). “[6] The Union contends that the University committed an unfair labor practice by denying Petersen summer employment because of his activities as a negotiator, in violation of AS 23.40.110(a)(1) and .110(a)(3). Those provisions read as follows: Unfair labor practices.”
State of Alaska v. Alaska State Employees Ass'n/Am. Fed'n of State, Cnty. & Mun. Employees Local 52, AFL-CIO, 529 P.3d 547 (Alaska 2023). “080 (providing that public employees may organize to bargain collectively); AS 23.40.110 (prohibiting public employer from interfering with organization under AS 23.”
State v. City of Petersburg, 538 P.2d 263 (Alaska 1975).
Pub. Saf. Employees Ass'n v. State, 799 P.2d 315 (Alaska 1990). “8 This Court has previously held that AS 23.40.110 prohibits essentially the same conduct prohibited by federal labor laws.”
Peterson v. State, 280 P.3d 559 (Alaska 2012). “AS 23.40.110. . See AS 23.40.110(a)(1)-(2).”
— Alaska Stat. § 23.40.110(a)(2) — 2 cases
Pub. Saf. Employees Ass'n v. State, 799 P.2d 315 (Alaska 1990). “8 This Court has previously held that AS 23.40.110 prohibits essentially the same conduct prohibited by federal labor laws.”
State of Alaska v. Alaska State Employees Ass'n/Am. Fed'n of State, Cnty. & Mun. Employees Local 52, AFL-CIO, 529 P.3d 547 (Alaska 2023). “080 (providing that public employees may organize to bargain collectively); AS 23.40.110 (prohibiting public employer from interfering with organization under AS 23.”
— Alaska Stat. § 23.40.110(a)(3) — 3 cases
Alaska Cmty. Colleges' Fed'n of Teachers, Local No. 2404 v. Univ. of Alaska, 669 P.2d 1299 (Alaska 1983). “[6] The Union contends that the University committed an unfair labor practice by denying Petersen summer employment because of his activities as a negotiator, in violation of AS 23.40.110(a)(1) and .110(a)(3). Those provisions read as follows: Unfair labor practices.”
State of Alaska v. Alaska State Employees Ass'n/Am. Fed'n of State, Cnty. & Mun. Employees Local 52, AFL-CIO, 529 P.3d 547 (Alaska 2023). “080 (providing that public employees may organize to bargain collectively); AS 23.40.110 (prohibiting public employer from interfering with organization under AS 23.”
Univ. of Alaska v. Alaska Cmty. Colleges' Fed'n of Teachers, Local 2404, 64 P.3d 823 (Alaska 2003).
— Alaska Stat. § 23.40.110(a)(5) — 9 cases
Pub. Saf. Employees Ass'n v. City of Fairbanks, 420 P.3d 1243 (Alaska 2018). “" 24 We therefore apply the reasonable basis standard to the ALRA panel's conclusion that the City violated AS 23.40.110(a)(5). 25 The factual findings the ALRA panel made in reaching that conclusion, including whether the City bargained in bad faith and whether it strung out…”
Alaska Cmty. Colleges' Fed'n of Teachers, Local No. 2404 v. Univ. of Alaska, 669 P.2d 1299 (Alaska 1983). “[6] The Union contends that the University committed an unfair labor practice by denying Petersen summer employment because of his activities as a negotiator, in violation of AS 23.40.110(a)(1) and .110(a)(3). Those provisions read as follows: Unfair labor practices.”
Witt v. State, Dep't of Corr., 75 P.3d 1030 (Alaska 2003). “AS 23.40.110(a)(5). 24 . CBA's are contracts that this court interprets de novo, giving effect to the reasonable expectations of the parties.”
Univ. of Alaska v. Univ. of Alaska Classified Employees Ass'n, 952 P.2d 1182 (Alaska 1998).
Alaska Pub. Employees Ass'n v. State, 831 P.2d 1245 (Alaska 1992).
— Alaska Stat. § 23.40.110(b) — 3 cases
Crockett v. Nea-Alaska, 367 F. Supp. 3d 996 (D. Alaska 2019). “Plaintiffs in this case at this time include Timothy Christopherson, Kathryn McCollum, David Ness, Carol Carman, Dolores McKee, and Donn Liston.”
Hicklin v. Orbeck, 565 P.2d 159 (Alaska 1977). “110(3)) only if it can demonstrate to the court that this is the least drastic means to further a compelling state interest? What would be the fate under strict scrutiny of AS 23.40.110(b), which permits union shop or agency shop agreements for public employees? A "fundamental…”
Laborers Local No. 942 v. Lampkin, 956 P.2d 422 (Alaska 1998).
— Alaska Stat. § 23.40.110(b)(2) — 1 case
— Alaska Stat. § 23.40.110(c)(2) — 1 case
State v. Pub. Saf. Employees Ass'n, 93 P.3d 409 (Alaska 2004). “See AS 23.40.110(a)(5) (prohibiting public employer from refusing to bargain collectively in good faith); AS 23.”
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