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Minnesota Legislature

Office of the Revisor of Statutes

179.12 EMPLOYERS' UNFAIR LABOR PRACTICES.
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.
The violation of clause (2), (4), (5), (6), (7), (8), or (9) is an unlawful act.
History: (4254-32) 1939 c 440 s 12; 1941 c 469 s 8; 1955 c 669 s 1; 1973 c 149 s 2; 1986
c 444; 1991 c 239 s 1; 1999 c 86 art 1 s 44