§ 1637. General duties and prohibited conduct
(a) The State and the independent direct support providers and their representatives shall
make every reasonable effort to make and maintain agreements concerning matters allowed
under this chapter and to settle all disputes, whether arising out of the application
of those agreements or disputes concerning the agreements. All disputes shall, upon
request of either party, be considered within 15 days of the request or at such times
as may be mutually agreed to and if possible settled with all expedition in conference
between representatives designated and authorized to confer by the State or the independent
direct support providers. This obligation does not compel either party to make any
agreements or concessions.
(b) It shall be an unfair labor practice for the State to:
(1) interfere with, restrain, or coerce independent direct support providers in the exercise
of their rights under this chapter or by any law, rule, or regulation;
(2) dominate or interfere with the formation or administration of any labor organization
or contribute financial or other support to it;
(3) discriminate in regard to referral practices or eligibility for work opportunities
within covered programs for an independent direct support provider, or to encourage
or discourage membership in any labor organization;
(4) take negative action against an independent direct support provider because the provider
has taken actions demonstrating his or her support for a labor organization, including
signing a petition, grievance, or affidavit or giving testimony under this chapter;
(5) refuse to bargain collectively in good faith with the exclusive representative;
(6) discriminate against an independent direct support provider based on race, color,
creed, religion, age, gender, sexual orientation, gender identity, or national origin,
or because the provider is a qualified individual with a disability.
(c) It shall be an unfair labor practice for a labor organization to:
(1) Restrain or coerce independent direct support providers in the exercise of the rights
guaranteed them by law, rule, or regulation. However, a labor organization may prescribe
its own rules with respect to the acquisition or retention of membership, provided
such rules are not discriminatory.
(2) Refuse to bargain collectively in good faith with the State.
(3) Cause, or attempt to cause, the State to discriminate against an independent direct
support provider in violation of subsection (b) of this section.
(4) Threaten to or cause a provider to strike or curtail the provider’s services in recognition
of a picket line of any employee or labor organization.
(d) An independent direct support provider shall not strike or curtail his or her services
in recognition of a picket line of any employee or labor organization. (Added 2013, No. 48, § 1, eff. May 24, 2013.)