The Forgotten Laws

Worker Power Without Union Middlemen
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✳️ Why This Is Needed

In South Dakota, you work hard. You sweat. You build. You carry weight most politicians have never known. But at the end of the day, you have no say in the decisions made by the people who profit from your labor.

We’ve been told that unions are the only way to fight back—but most modern unions are bloated, out-of-state bureaucracies that collect dues, push national politics, and leave local workers with little real power. On the other side, “right-to-work” laws keep workers divided and voiceless—stripped of any collective influence.

So what do we have now?

Corporate boards making every decision

Out-of-touch union bosses cutting deals for themselves

And everyday South Dakotans stuck in between—with no voice, no leverage, and no ownership

That’s not liberty. That’s wage servitude in a business suit.

🌱 What We Could Have

We could create a new model for labor—one that actually works for workers.

Imagine a South Dakota where every workplace has a locally elected worker council, accountable only to the people who show up every day—not to national agendas or political action committees.

Imagine a system where employees have a real vote on safety, pay, policies, and direction—without paying dues or begging permission from HR.

We could build a state where the people who do the work own a piece of the outcome, and where companies that refuse to share power get no favors from the state.

We don’t need unions run by outsiders. We need something better. We need direct worker democracy.

🛠 How We Achieve It

Pass the South Dakota Worker Representation Act requiring all companies with 25+ employees to create internal Worker Councils, elected by employees with equal voting power

Guarantee that no employee is required to join a national union or pay dues to an outside entity in order to have representation

Ban retaliation for any employee who seeks to organize, run for council, or raise concerns about workplace conditions or company policy

Tie all state tax incentives or business subsidies to the presence of active, legitimate worker representation

Allow councils to negotiate:

Schedules

Safety protocols

Disciplinary policies

Bonuses and profit-sharing plans

Structural improvements in working conditions

Create a South Dakota Labor Mediation Board to oversee fair election practices, enforce transparency, and resolve internal disputes without dragging workers through expensive legal battles

Encourage employee ownership models, co-ops, and public-private partnerships where workers have equity stakes and long-term stability

In South Dakota, we don’t want a handout—we want a voice. And if you do the work, you deserve a say in what happens next. No dues. No bosses. Just real power for real people.

Link

📜 SOUTH DAKOTA WORKER REPRESENTATION AND WORKPLACE DEMOCRACY ACT

SECTION 1. TITLE

This Act shall be known as the “Worker Representation and Workplace Democracy Act of South Dakota.”

SECTION 2. FINDINGS AND DECLARATION

The Legislature of South Dakota finds and declares:

  1. That the dignity of labor demands not only fair compensation, but meaningful participation in workplace decisions.
  2. That traditional labor unions, while historically significant, have increasingly centralized power outside of the state, charging mandatory dues and promoting national political agendas disconnected from the interests of South Dakota workers.
  3. That “right-to-work” laws, while protecting individuals from forced union participation, have not provided workers with the tools to assert meaningful influence within the workplace.
  4. That the people of South Dakota deserve a new framework of workplace democracy—free of coercion, free of dues, and grounded in local accountability.

SECTION 3. DEFINITIONS

  • “Worker Council” means a democratically elected body of employees within a business or enterprise that meets the requirements of this Act.
  • “Covered Employer” means any for-profit or nonprofit business operating within South Dakota with 25 or more employees.
  • “Representation-Eligible Worker” means any employee of a covered employer who has completed 90 days of employment, excluding executive leadership.
  • “Coercive Unionization” means any policy or contract requiring employees to join a third-party union or pay dues as a condition of employment or representation.

SECTION 4. MANDATORY WORKER COUNCILS FOR COVERED EMPLOYERS

(1) All covered employers shall establish and maintain a Worker Council composed of no fewer than 3 employees and not more than 15, depending on company size.

(2) Worker Councils shall be:

  • Elected every 2 years by secret ballot, with one vote per eligible worker
  • Open to all employees, without discrimination or reprisal
  • Granted access to key decision-making processes on the following:
    • Workplace safety
    • Scheduling and working hours
    • Leave policies
    • Disciplinary frameworks
    • Bonuses and profit-sharing
    • Equity ownership programs, if applicable

(3) No council member shall be terminated, demoted, or retaliated against for participating in council activity.

SECTION 5. PROHIBITION ON COERCIVE UNIONIZATION

(1) No covered employer shall enter into any agreement requiring:

  • Mandatory union membership
  • Automatic payroll deduction of dues
  • Binding arbitration with out-of-state labor organizations

(2) No employee shall be compelled to participate in third-party political activities or contribute to union PACs as a condition of continued representation.

(3) All existing collective bargaining agreements in conflict with this provision must be amended upon renewal.

SECTION 6. STATE INCENTIVES AND ENFORCEMENT

(1) No employer shall be eligible for state grants, tax abatements, or public contracts unless in full compliance with this Act.

(2) The South Dakota Department of Labor shall establish a Workplace Democracy Division responsible for:

  • Overseeing worker council elections
  • Investigating retaliation or suppression
  • Mediating disputes between councils and employers
  • Providing model bylaws and procedures for council operation

(3) Employers in violation of this Act may be subject to:

  • Fines up to $25,000 per offense
  • Revocation of state-issued licenses or incentives
  • Mandatory posting of violations for employee review

SECTION 7. OPTIONAL COUNCIL EXPANSION AND EQUITY PATHWAYS

(1) Worker Councils may petition to form ownership trusts, cooperatives, or joint-management boards upon majority vote of both workers and executive staff.

(2) The State shall provide legal templates, technical support, and financial education to facilitate such transitions.

SECTION 8. PROTECTIONS FOR SMALL BUSINESS AND FAMILY ENTERPRISES

(1) Employers with fewer than 25 employees shall be exempt from mandatory council formation but may voluntarily opt-in to gain eligibility for worker-focused state incentives.

(2) Family-owned and tribal-owned businesses may submit alternative self-governance plans for approval by the Department of Labor.

SECTION 9. SEVERABILITY

If any section of this Act is found to be in conflict with federal labor law, the remaining provisions shall remain in full force and effect.

SECTION 10. EFFECTIVE DATE

This Act shall take effect July 1, 2026, with all covered employers required to hold their first Worker Council election by January 1, 2027.