Kansas Statutes 44-809. Unlawful acts
It shall be unlawful for any person:
(1) To interfere with or prevent the right of franchise of any member of a labor organization. The right of franchise shall include the right of an employee to make complaint, file charges, give information or testimony concerning the violations of this act, or the petitioning to such employee’s union regarding any grievance such employee may have concerning such employee’s membership or employment, or the making known facts concerning such grievance or violations of law to any person, including public officials or the employer, and such employee’s right of free petition, lawful assemblage and free speech.
Terms Used In Kansas Statutes 44-809
- all-union agreement: shall mean an agreement between an employer and his employees or the duly authorized representative of his employees in a collective bargaining unit whereby all or any of the employees in such unit are required as a condition of continued employment to become or remain members of a single labor organization on or after the sixtieth day following the beginning of such employment or the effective date of such agreement whichever is the later. See Kansas Statutes 44-802
- collective bargaining unit: shall mean all the employees of one employer which are employed within the state where a majority of whom have voted by secret ballot as provided and in accordance with rules set up in Kan. See Kansas Statutes 44-802
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Grievance: means a statement of dissatisfaction by an agricultural employee, employee organization or agricultural employer concerning interpretation of a memorandum of agreement or traditional work practice. See Kansas Statutes 44-819
- labor organization: means any organization of any kind, or any agency or employee representation committee or plan, which exists for the purpose, in whole or in part, of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours of employment, or conditions of work. See Kansas Statutes 44-802
- person: when used in this act shall mean and apply to every individual, association, partnership, corporation, employer, employee, collective bargaining unit, labor organization or business agent. See Kansas Statutes 44-802
- Property: includes personal and real property. See Kansas Statutes 77-201
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Kansas Statutes 77-201
- strike: includes concerted action resulting in: (1) failure to report for duty; (2) the willful absence from one's position; (3) the stoppage of work; or (4) the abstinence in whole or in part from the full, faithful and proper performance of the duties of employment by an agricultural employee, for the purpose of inducing, influencing or coercing a change in the conditions, or compensation, or the rights, privileges or obligations of employment. See Kansas Statutes 44-819
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
(2) To prohibit or prevent any election of the officers of any labor organization.
(3) On and after July 1, 1955, to participate in any strike, walk-out, or cessation of work or continuation thereof against an employer when any of such employer’s employees are organized into a collective bargaining unit without the same being authorized by a majority vote of the employees in such collective bargaining unit at an election, by secret ballot, held, conducted and canvassed in accordance with rules and regulations which shall be adopted by the secretary of labor. The provisions of this section shall not prohibit any person from terminating such person’s employment on such person’s own volition.
(4) To enter into an all-union agreement as a representative of employees in a collective bargaining unit unless the employees to be governed thereby have, by a majority vote of such employees by secret ballot, authorized such agreement.
(5) To conduct any election referred to in subsections (3) and (4) of this section without a secret ballot.
(6) To charge, receive, or retain any dues, assessments, or other charges in excess of, or not authorized by, the constitution or bylaws of any labor organization on file as provided in Kan. Stat. Ann. § 44-806, and amendments thereto.
(7) To act as a business agent without having obtained and possessing a valid and subsisting license.
(8) To solicit membership for or to act as a representative of an existing labor organization without authority of such labor organization to do so.
(9) To make any false statement in an application for a license.
(10) To act as a business agent or representative of any labor organization which does not have on file, with the secretary of state, its constitution and bylaws.
(11) For any person to seize or occupy property unlawfully during the existence of a labor dispute.
(12) To coerce or intimidate any employee in the enjoyment of such employee’s legal rights, including those guaranteed in Kan. Stat. Ann. § 44-803, and amendments thereto, or to intimidate such employee’s family, picket such employee’s domicile or injure the person or property of such employee or such employee’s family or to in any way discriminate against any employee, member of a labor organization or other person by reason of such employee’s exercise of any right guaranteed to such employee by the provisions of this act.
(13) To picket beyond the area of the industry within which a labor dispute arises.
(14) To engage in picketing by force and violence, or to picket in such a manner as to prevent ingress and egress to and from any premises, or to picket other than in a peaceable manner.
(15) To violate the terms of a collective bargaining agreement.
(16) To enter into a closed shop agreement.