Prohibited practices; evidence of bad faith

(a) It shall be a prohibited practice for a public employer or its designated representative wilfully to: (1) Interfere, restrain, or coerce any employee in the exercise of any right guaranteed under this chapter; (2) Dominate, interfere, or assist in the formation, existence, or administration of any employee organization; (3) Discriminate in regard to hiring, tenure, or any term or condition of employment to encourage or discourage membership in any employee organization; (4) Discharge or otherwise discriminate against an employee because the employee has signed or filed an affidavit, petition, or complaint or given any information or testimony under this chapter, or because the employee has informed, joined, or chosen to be represented by any employee organization; (5) Refuse to bargain collectively in good faith with the exclusive representative as required in section 89-9; (6) Refuse to participate in good faith in the mediation and arbitration procedures set forth in section 89-11; (7) Refuse or fail to comply with any provision of this chapter; (8) Violate the terms of a collective bargaining agreement; (9) Replace any nonessential employee for participating in a labor dispute; (10) Give employment preference to an individual employed during a labor dispute and whose employment termination date occurs after the end of the dispute, over an employee who exercised the right to join, assist, or engage in lawful collective bargaining or mutual aid or protection through the labor organization involved in the dispute; or (11) Fail to comply with the general orientation requirements set forth in section 78-64. (b) It shall be a prohibited practice for a public employee or for an employee organization or its designated agent wilfully to: (1) Interfere, restrain, or coerce any employee in the exercise of any right guaranteed under this chapter; (2) Refuse to bargain collectively in good faith with the public employer, if it is an exclusive representative, as required in section 89-9; (3) Refuse to participate in good faith in the mediation and arbitration procedures set forth in section 89-11; (4) Refuse or fail to comply with any provision of this chapter; or (5) Violate the terms of a collective bargaining agreement.