Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Labor Law Union Access topic
No spam. Unsubscribe anytime.
House tightens penalties for workplace union coercion, bars unauthorized access to private worksites
Summary
House Bill 1166, as amended, passed the House after debate. Sponsor Representative Randolph said the bill raises penalties for intimidation and restricts union access to private worksites; critics warned it could chill organizing. The measure passed on a 59–9–1 recorded vote.
The South Dakota House on Feb. 12 passed House Bill 1166, which raises penalties for certain forms of workplace coercion and restricts unauthorized union access to private worksites. The bill was amended on the floor to make penalties uniformly class 1 misdemeanors.
Representative Randolf (Randolph), the bill’s sponsor, said the measure is intended to protect workers and employers from intimidation, coercion and unauthorized recruitment at active job sites. “If someone threatens an employee or their family with harm, job loss, or property damage to force union membership, they should face more than a slap on the wrist,” Randolph said while introducing the bill. The bill also prohibits picketing at private residences and limits union representatives’ ability to enter private workplaces without employer consent.
Supporters said the amendment that set penalties at class 1 misdemeanors appropriately calibrated the response; Representative Peterson and others said they appreciated the change. Opponents warned the bill could deter legitimate organizing or free speech; Representative Whitman — who described a strong family history of union membership — said she would oppose the measure because she saw it as tilting power toward employers.
The House approved the bill, as amended, by a recorded vote of 59 ayes, 9 nays and 1 excused. The sponsor said the bill is designed to uphold the state’s right‑to‑work status and to protect workers from coercion; critics said protecting worker advocacy and safety at worksites requires careful drafting and enforcement.
