(a) It is an unfair labor practice for an employer:
(1) to institute a lockout of its employees in violation of a valid collective bargaining agreement between the employer and its employees or labor organization if the employees at the time are in good faith complying with the provisions of the agreement, or to violate the terms and conditions of the bargaining agreement;
(2) to institute a lockout of its employees in violation of section 179.06 or 179.07;
(3) to encourage or discourage membership in a labor organization by discrimination in regard to hire or tenure of employment or any terms or conditions of employment; provided, that this clause does not apply to the provisions of collective bargaining agreements entered into voluntarily by an employer and its employees or a labor organization representing the employees as a bargaining agent, as provided by section 179.16;
(4) to discharge or otherwise to discriminate against an employee because the employee has signed or filed an affidavit, petition, or complaint or given information or testimony under this chapter;
(5) to spy directly or through agents or any other persons upon activities of employees or their representatives in the exercise of their legal rights;
(6) to distribute or circulate a blacklist of individuals exercising a legal right or of members of a labor organization for the purpose of preventing individuals who are blacklisted from obtaining or retaining employment;
(7) to engage or contract for the services of a person who is an employee of another if the employee is paid a wage that is less than the wage to be paid by the engaging or contracting employer under an existing union contract for work of the same grade or classification;
(8) willfully and knowingly to utilize a professional strikebreaker to replace an employee or employees involved in a strike or lockout at a place of business located within this state; or
(9) to grant or offer to grant the status of permanent replacement employee to a person for performing bargaining unit work for an employer during a lockout of employees in a labor organization or during a strike of employees in a labor organization authorized by a representative of employees.
(b) It is an unlawful act to violate paragraph (a), clause (2), (4), (5), (6), (7), (8), or (9).
Notes of Decisions
Midwest Motor Express, Inc. v. Int'l Bhd. of Teamsters, Local 120, 512 N.W.2d 881 (Minn. 1994).
· cites it 96× “" Minn. Stat. § 179.12 (9) makes it an unfair labor practice for an employer "[t]o grant or offer to grant the status of permanent replacement employee to a person for performing bargaining unit work for an employer * * * during a strike of employees in a labor organization *884…”
DeRoche v. All Am. Bottling Corp., 38 F. Supp. 2d 1102 (D. Minnesota 1998).
· cites it 5× “DeRoche (“De-Roche”), to Amend his Complaint so as to assert a claim for punitive damages, and in order to add a claim under the Minnesota Labor Relations Act, Minnesota Statutes Sections 179.12 (“MLRA”). A Hearing on the Motions was conducted on July 28, 1998, at which time…”
Employers Ass'n v. United Steelworkers of Am., 803 F. Supp. 1558 (D. Minnesota 1992).
· cites it 10× “The legislature was careful to define a violation of the Striker Replacement Law as both an unfair labor practice, § 179.12, and an unlawful act. § 179.12(10).”
Employers Ass'n v. United Steelworkers of Am., 32 F.3d 1297 (8th Cir. 1994).
· cites it 2× “On behalf of itself and its members, plaintiff Employers Association challenged the va-r lidity of the Minnesota Striker Replacement Law, Minn.Stat. § 179.12(9) (1993). The Striker Replacement Law declares it an unfair labor practice for employers to hire permanent replacement…”
Interlake S.S. Co. v. Marine Engineers Beneficial Ass'n, 108 N.W.2d 627 (Minn. 1961).
· cites it 6× “” Section 179.12, as far as here material, reads: “It shall be an unfair labor practice for an employer: “(3) To encourage or discourage membership in any labor organization by discrimination in regard to hire or tenure of employment or any terms or conditions of employment;…”
Starr v. Cooks, Waiters, Waitresses & Helpers Union Local No. 458, 70 N.W.2d 873 (Minn. 1955).
“Furthermore, it has been factually determined by the trial court that the picketing by the union was not for the unlawful purpose of persuading or inducing the plaintiffs to violate § 179.12(3), which declares it to be an unfair labor practice for an employer to encourage or…”
Employers Ass'n Inc. v. United Steelworkers, 19 F.3d 405 (8th Cir. 1994).
· cites it 2× “On behalf of itself and its members, plaintiff Employers Association challenged the validity of the Minnesota Striker Replacement Law, Minn.Stat. § 179.12(9) (1993). 1 The Striker Replacement Law declares it an unfair labor practice for employers to hire permanent replacement…”
In Re Petition for Decertification, 730 N.W.2d 300 (Minn. Ct. App. 2007).
· cites it 2× “DECISION Based on the plain language of Minn. Stat. § 179.12 , subd. 3 (2004), we conclude that the commissioner correctly determined that for decertification purposes the established unit in this case is a single unit comprising instructional employees at the University of…”
Employers Ass'n v. United Steelworkers, 23 F.3d 214 (8th Cir. 1994).
“3d 405 , in which a majority of this panel concurred, holding that the federal courts should abstain from reaching the merits of the preemption question presented on this appeal — whether the Minnesota Striker Replacement Act, Minn.Stat. § 179.12(9), conflicts with the National…”
— Minn. Stat. § 179.12(10) — 2 cases
Midwest Motor Express, Inc. v. Int'l Bhd. of Teamsters, Local 120, 512 N.W.2d 881 (Minn. 1994).
“" Minn. Stat. § 179.12 (9) makes it an unfair labor practice for an employer "[t]o grant or offer to grant the status of permanent replacement employee to a person for performing bargaining unit work for an employer * * * during a strike of employees in a labor organization *884…”
Employers Ass'n v. United Steelworkers of Am., 803 F. Supp. 1558 (D. Minnesota 1992).
“The legislature was careful to define a violation of the Striker Replacement Law as both an unfair labor practice, § 179.12, and an unlawful act. § 179.12(10).”
— Minn. Stat. § 179.12(3) — 3 cases
Starr v. Cooks, Waiters, Waitresses & Helpers Union Local No. 458, 70 N.W.2d 873 (Minn. 1955).
“Furthermore, it has been factually determined by the trial court that the picketing by the union was not for the unlawful purpose of persuading or inducing the plaintiffs to violate § 179.12(3), which declares it to be an unfair labor practice for an employer to encourage or…”
Interlake S.S. Co. v. Marine Engineers Beneficial Ass'n, 108 N.W.2d 627 (Minn. 1961).
“” Section 179.12, as far as here material, reads: “It shall be an unfair labor practice for an employer: “(3) To encourage or discourage membership in any labor organization by discrimination in regard to hire or tenure of employment or any terms or conditions of employment;…”
— Minn. Stat. § 179.12(9) — 6 cases
Midwest Motor Express, Inc. v. Int'l Bhd. of Teamsters, Local 120, 512 N.W.2d 881 (Minn. 1994).
“" Minn. Stat. § 179.12 (9) makes it an unfair labor practice for an employer "[t]o grant or offer to grant the status of permanent replacement employee to a person for performing bargaining unit work for an employer * * * during a strike of employees in a labor organization *884…”
Employers Ass'n v. United Steelworkers of Am., 803 F. Supp. 1558 (D. Minnesota 1992).
“The legislature was careful to define a violation of the Striker Replacement Law as both an unfair labor practice, § 179.12, and an unlawful act. § 179.12(10).”
Employers Ass'n v. United Steelworkers of Am., 32 F.3d 1297 (8th Cir. 1994).
“On behalf of itself and its members, plaintiff Employers Association challenged the va-r lidity of the Minnesota Striker Replacement Law, Minn.Stat. § 179.12(9) (1993). The Striker Replacement Law declares it an unfair labor practice for employers to hire permanent replacement…”
Employers Ass'n Inc. v. United Steelworkers, 19 F.3d 405 (8th Cir. 1994).
“On behalf of itself and its members, plaintiff Employers Association challenged the validity of the Minnesota Striker Replacement Law, Minn.Stat. § 179.12(9) (1993). 1 The Striker Replacement Law declares it an unfair labor practice for employers to hire permanent replacement…”
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