Kansas Statutes 72-2221. Recognition of employees’ organization as representative; exceptions to required recognition
(a) If professional employees of a board of education are not represented by a professional employees’ organization for the purpose of professional negotiation, any professional employees’ organization may file a request with the board of education alleging that a majority of the professional employees in an appropriate negotiating unit wish to be represented for such purpose by such organization and asking the board of education to recognize it as the exclusive representative under Kan. Stat. Ann. § 72-2220. Such request shall describe the grouping of jobs or positions which constitute the unit claimed to be appropriate and shall include a demonstration of majority support through verified membership lists. Notice of such request shall immediately be posted by the board of education on a bulletin board at each school or other facility in which members of the unit claimed to be appropriate are employed.
(b) A request for recognition under subsection (a) shall be granted by the board of education unless:
Terms Used In Kansas Statutes 72-2221
- Board: means the governing body of any technical college or the institute of technology at Washburn university, and the board of trustees of any community college. See Kansas Statutes 72-2252
- board of education: shall mean the board of education of any public school district. See Kansas Statutes 72-2215
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Professional negotiation: means meeting, conferring, consulting and discussing in a good faith effort by both parties to reach agreement with respect to the terms and conditions of professional service. See Kansas Statutes 72-2218
- Representative: means any professional employees' organization or any person it authorizes or designates to act in its behalf or any person a board of education authorizes or designates to act in its behalf. See Kansas Statutes 72-2218
- Secretary: means the secretary of labor or a designee thereof. See Kansas Statutes 72-2218
(1) The board of education has a good faith doubt as to the accuracy or validity of the evidence demonstrating majority support; or
(2) another professional employees’ organization files with the board of education within ten (10) calendar days after the posting of notice of the original request a competing request alleging majority support and asking the board of education to recognize it as the exclusive representative; or
(3) one or more of the professional employees included in the unit claimed to be appropriate files with the board of education within ten (10) calendar days after the posting of notice of the original request a competing request alleging majority support and asking the board of education to deny the request for recognition; or
(4) the board of education, within the previous twelve (12) months, has lawfully denied or withdrawn the recognition of a professional employees’ organization as the exclusive representative of the professional employees included in the unit claimed to be appropriate; or
(5) the secretary, within the previous twelve (12) months, has conducted a secret ballot election under the provisions of this act, or the act of which this section is amendatory, and the election resulted in a majority vote for no representation.