(1) It shall be an unfair labor practice for an employer, individually or in concert with others:
- (a) To interfere with, restrain or coerce employees in the exercise of the rights guaranteed in Section 34-20-7.
- (b) To dominate or interfere with the formation or administration of any labor organization or contribute financial or other support to it; provided, that subject to rules and regulations made and published by the board pursuant to Section 34-20-6, an employer is not prohibited from permitting employees to confer with the employer during working hours without loss of time or pay.
- (c) By discrimination in regard to hire or tenure of employment or any term of condition of employment to encourage or discourage membership in any labor organization; provided, that nothing in this act shall preclude an employer from making an agreement with a labor organization (not established, maintained or assisted by any action defined in this act as an unfair labor practice) to require as a condition of employment, membership therein, if such labor organization is the representative of the employees as provided in Subsection 34-20-9(1) in the appropriate collective bargaining unit covered by such agreement when made.
- (d) To refuse to bargain collectively with the representative of a majority of the employer's employees in any collective bargaining unit; provided, that, when two or more labor organizations claim to represent a majority of the employees in the bargaining unit, the employer shall be free to file with the board a petition for investigation of certification of representatives and during the pendency of the proceedings the employer may not be considered to have refused to bargain.
- (e) To bargain collectively with the representatives of less than a majority of the employer's employees in a collective bargaining unit.
- (f) To discharge or otherwise discriminate against an employee because the employee has filed charges or given testimony under this chapter.