(1) In performing its duties under this part 11, the certified employee organization shall represent the interests of all covered employees without discrimination or regard to membership in the certified employee organization, and shall negotiate partnership agreements that apply equally to all covered employees regardless of membership status in the certified employee organization. This does not limit the state and the certified employee organization from having a partnership agreement that also covers department or agency specific issues. (2) The certified employee organization is not required to represent covered employees in personnel actions pursuant to section 13 (8) of article XII of the state constitution and sections 24-50-123, 24-50-124, 24-50-125, and 24-50-125.3 before the state personnel board or in any other proceeding not created by a partnership agreement negotiated pursuant to this part 11. (3) (a) A certified employee organization shall not threaten, facilitate, support, or cause a state employee: (I) Strike; (II) Work stoppage; (III) Work slowdown; (IV) Group sick out; or (V) Action that disrupts, on a widespread basis, the day-to-day functioning of the state or any of its agencies or departments. (b) Any controversy concerning an activity prohibited by subsection (3)(a) of this section may be submitted to the division pursuant to section 24-50-1113. Upon finding that the certified employee organization has violated subsection (3)(a) of this section, the division shall award any appropriate relief, including but not limited to sanctions, fines, or decertification. If decertified by the division, an employee organization may including but not limited to sanctions, fines, or decertification. If decertified by the division, an employee organization may begin the certification process in section 24-50-1106 (2) after one year from the date of decertification. (c) Nothing in this subsection (3) prohibits the certified employee organization from engaging in other concerted activities for the purpose of the partnership process of other mutual aid or protection, without interference, restraint, or coercion by the state. (4) It shall constitute an unfair labor practice subject to review pursuant to section 24-50- 1113 (3) for the certified employee organization to engage in the activities prohibited by this section, or to fail to discharge its duties under this section. (5) Covered employees who are found to have engaged in prohibited conduct described in this section may be subject to disciplinary action up to and including termination.
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