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The Unionization Process: South Dakota

The Unionization Process requirements for other states

Federal law and guidance on this subject should be reviewed together with this section.

Author: Silas F. Mayberry, Seaton, Peters & Revnew, P.A.


  • For most private sector employers in South Dakota, labor union organizing and labor relations generally is governed by the National Labor Relations Act (NLRA). However, where the NLRA has no jurisdiction, state law can apply. See Right to Organize and Bargain Collectively.
  • South Dakota is a "right to work" state. See Right to Work.
  • Reasonable restrictions may be placed on picketing, but individual rights to free speech cannot be impeded. See The Right to Free Speech.
  • Employees must be given the opportunity to vote in union elections via a secret ballot. See The Right to a Secret Ballot Election.