Kansas Statutes 72-2223. Same; election; summary dismissal of petition, when
(a) Upon receipt of a petition under Kan. Stat. Ann. §§ 72-2222 and except as provided in subsection (b), the secretary or a person or persons designated by the secretary may direct and conduct a secret ballot election in order to decide the questions raised by the petition.
(b) The secretary shall dismiss, without determining the questions raised therein, any petition filed under Kan. Stat. Ann. § 72-2222, if:
Terms Used In Kansas Statutes 72-2223
- 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.
- persons: includes one or more individuals, organizations, associations, corporations, boards, committees, commissions, agencies, or their representatives. 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 petition is filed by a professional employees’ organization and is not supported by credible evidence that at least thirty percent (30%) of the professional employees in the appropriate unit are members of the professional employees’ organization filing the petition; or
(2) the petition is filed by one or more professional employees, asks the secretary to determine the question of whether recognition of a professional employees’ organization should be withdrawn, and is not supported by credible evidence that at least thirty percent (30%) of the professional employees in the appropriate unit support the request; or
(3) the board of education, within the previous twelve (12) months, has lawfully recognized a professional employees’ organization other than the petitioner as the exclusive representative of any professional employees included in the unit described in the petition; 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 described in the petition; or
(5) the secretary, within the previous twelve (12) months, has conducted and certified the result of a secret ballot election under the provisions of this act, or the act of which this section is amendatory.