South Dakota News & Legislation

Right to Work State

South Dakota is a Right to Work State. Employees who work in South Dakota, except on federal property or for a railway or airline, have a right to resign from union membership and not pay union dues or fees. If you are an employee in South Dakota and have legal questions regarding your union membership, click here to learn about your rights.

South Dakota Right to Work News

» Families Flee Compulsory-Unionism States

May 26, 2008 - 'Right to Work States Are Simply Better For Raising Children' (PDF viewer required to view this document)

» Committee PAC Aids Pro-Right to Work Candidates

April 7, 2008 - Union Bosses Have Already Begun Their Federal Electoral Assault (PDF viewer required to view this document)

» Right to Work States Excel in Manufacturing

August 20, 2007 - Since 2000, Output Growth More Than Triple Forced-Dues States' (PDF viewer required to view this document)

» House Subcommittee Holds Hearing on the National Right to Work Act

September 8, 2005 - Earlier today, the House Subcommittee on Workforce, Empowerment, and Government Programs held hearings on the National Right to Work Act (H.R. 500/S. 370) -- a bill designed to end forced unionism nationwide.

» Right to Work States Best For Employees

July 1, 2005 - Forbes Survey Shows Compulsory-Unionism States Aren't Keeping Up (PDF viewer required to view this document)

South Dakota Congressional Representatives

Contact your South Dakota Congressmen to voice your support for Right to Work! We need help from grassroots supporters like you to protect workers' rights and to stop Big Labor's rampant abuses. If you don't know your South Dakota Congressional District, enter your ZIP Code and your ZIP+4 extension below to look it up:

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House District Name Contact / Website
Senate S1 Sen. John Thune (R) Contact / Website
Senate S2 Sen. Tim Johnson (D) Contact / Website
House 00 Rep. Stephanie Herseth (D) Contact / Website

South Dakota Legislative Alerts

The table below lists the bills the Committee is currently monitoring in the South Dakota legislatures. The Committee supports the passage of the bills highlighted in yellow. You can obtain up-to-the-minute information and learn about any bill directly from the South Dakota legislature by clicking on the "Text / Status" link.

BillPositionDescriptionStatus
SD SB 124 Oppose Right to Work Repeal SD Legislature
SD SJR 12 Oppose Right to Work Repeal SD Legislature

South Dakota Right to Work Law

S.D. Const. art. VI, § 2

§ 2. Due process - Right to work.

No person shall be deprived of life, liberty or property without due process of law. The right of persons to work shall not be denied or abridged on account of membership or nonmembership in any labor union, or labor organization. (Approved 1946.)

S.D. Codified Laws §§ 60-8-3 through 8-8

§ 60-8-3. Denial of right to work because of membership or nonmembership in union as misdemeanor. No person shall be deprived of life, liberty, or property without due process of law. The right of persons to work shall not be denied or abridged on account of membership or nonmembership in any labor union, or labor organization. Violation of this section is a Class 2 misdemeanor. (Enacted 1947.)

§ 60-8-4. Agreement denying free exercise of right to work as misdemeanor. Any agreement relating to employment, whether in writing or oral, which by its stated terms, or by implication, interpretation, or effect thereof, directly or indirectly denies, abridges, interferes with, or in any manner curtails the free exercise of the right to work by any citizen of the state of South Dakota, is a Class 2 misdemeanor. (Enacted 1947.)

§ 60-8-5. Coercion to enter into agreement denying free exercise of right to work as misdemeanor. Any request, demand or threat made by any person to any employer or employee, to persuade or coerce such employer or employee to enter into an agreement violative of the provisions contained in §§ 60-8-3 and 60-8-4 and article VI, § 2 of the state Constitution, is a Class 2 misdemeanor. (Enacted 1947.)

§ 60-8-6. Coercion of employee to join labor organization as misdemeanor. Any solicitation or request to join a labor organization made by any person to any employee, accompanied by threats of injury to such employee or members of his family, or damage to property, or loss or impairment of present or future employment of such employee, is a Class 2 misdemeanor. (Enacted 1947.)

§ 60-8-8. Violation of right to work law - Investigations by state's attorney - Prosecutions. It shall be the duty of the state's attorney of every county to prosecute all persons violating any of the provisions of §§ 60-8-3 to 60-8-6, inclusive, in his county and he shall be responsible for the proper enforcement of such sections, and whenever he shall have any information or knowledge or have any reason to believe that any of the provisions of such sections are being violated in his county, he shall investigate the same and use every legitimate means at his command to secure the necessary and proper evidence of such violation, and immediately upon securing such evidence, he shall file a complaint or preliminary information against any person against whom he shall have any evidence of any such violation, and he shall have such person arrested and shall vigorously prosecute such charges to final judgment. (Enacted 1955.)

NOTE: State laws are in a constant state of flux. Before relying on the text of any state Right to Work statute, you should check the most recent edition of your state laws.