(a) The corporation or its agent may not

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Terms Used In Alaska Statutes 42.40.760

  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • collective bargaining: means the performance of the mutual obligation of the corporation or its designated representatives and the representatives of the employees to meet at reasonable times, including meetings in advance of the budget making process, and negotiating in good faith with respect to wages, hours, and other terms and conditions of employment, or the negotiation of an agreement, or negotiation of a question arising under an agreement and the execution of a written contract incorporating an agreement reached if requested by either party, but these obligations do not compel either party to agree to a proposal or require the making of a concession. See Alaska Statutes 42.40.980
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • corporation: means the Alaska Railroad Corporation. See Alaska Statutes 42.40.980
  • employees: means all persons employed by the corporation including executive officers. See Alaska Statutes 42.40.980
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
(1) interfere, restrain, or coerce an employee in the exercise of the rights guaranteed in Alaska Stat. § 42.40.720;
(2) dominate or interfere with the formation, existence, or administration of an organization;
(3) discriminate in regard to hire or tenure of employment or a term or condition of employment to encourage or discourage membership in an organization;
(4) discharge or discriminate against an employee because the employee has signed or filed an affidavit, petition, or complaint or given testimony under Alaska Stat. § 42.40.710 – 42.40.890;
(5) refuse to bargain collectively in good faith with an organization that is the exclusive representative of employees in an appropriate unit, including the discussing of grievances with the exclusive representative.
(b) Nothing in Alaska Stat. § 42.40.710 – 42.40.890 prohibits the corporation from making an agreement with an organization to require as a condition of employment

(1) membership in the organization that represents the unit on or after the 30th day following the beginning of employment or on the effective date of the agreement, whichever is later; or
(2) payment by the employee to the exclusive bargaining agent of a service fee to reimburse the exclusive bargaining agency for the expense of representing the members of the bargaining unit.
(c) An organization or its agents may not

(1) restrain or coerce

(A) an employee in the exercise of the rights guaranteed in Alaska Stat. § 42.40.720; or
(B) the corporation in the selection of a representative for the purposes of collective bargaining or the adjustment of grievances;
(2) refuse to bargain collectively in good faith with the corporation, if it has been designated in accordance with Alaska Stat. § 42.40.710 – 42.40.890 as the exclusive representative of employees in an appropriate unit.
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