Labor Rights and Enforcement: South Dakota
Federal law and guidance on this subject should be reviewed together with this section.
Author: Silas F. Mayberry, Seaton, Peters & Revnew, PA.
- South Dakota has a private sector labor relations statute, known as the South Dakota Labor Relations Act (SDLRA), but the SDLRA is broadly overridden by the National Labor Relations Act, making it mostly inapplicable for nearly all private sector employment. See South Dakota Labor Relations Act.
- The South Dakota Department of Labor has jurisdiction over labor disputes that do not fall within the jurisdiction of federal law. See South Dakota Labor Relations Act.
- South Dakota's Public Employment Labor Relations Act (SDPELRA) governs labor relations between many public employees and their employers. See South Dakota Public Employment Labor Relations Act.
- The grant of collective bargaining rights under SDPELRA extends to many public employees, but does not provide the right to strike to those employees. See South Dakota Public Employment Labor Relations Act.
- SDPELRA is administered by the Department of Labor and Regulation. See South Dakota Public Employment Labor Relations Act.
- Unlawful picketing and boycotts carry criminal penalties. See Picketing and Boycotts.
- South Dakota is a "right-to-work" state so union security arrangements are prohibited. See Right to Work.
- Employees must be given the opportunity to vote in union elections via a secret ballot. See Right to Secret Ballot Elections.