Printable Format72-2220. Exclusive representation of negotiating units; any employee or group may present its position or proposal. (a) When a representative is designated or selected for the purposes of professional negotiation by the majority of the professional employees in an appropriate negotiating unit, such representative shall be the exclusive representative of all the professional employees in the unit for such purpose.
(b) Nothing in this act or in acts amendatory thereof or supplemental thereto shall be construed to prevent professional employees, individually or collectively, from presenting or making known their positions or proposals or both to a board of education, a superintendent of schools or other chief executive officer employed by a board of education.
History: L. 1970, ch. 284, § 3; L. 1977, ch. 248, § 2; L. 1980, ch. 220, § 2; July 1.
Source or Prior Law:
72-5415.
Law Review and Bar Journal References:
"Teachers and the School Board—Negotiations in Kansas," Janet Chubb and David Gray, 15 W.L.J. 457, 459, 460 (1976).
CASE ANNOTATIONS
1. Discussed in construing act; duty of local board to negotiate with recognized representative until controversy determined. Liberal-NEA v. Board of Education, 211 Kan. 219, 220, 225, 230, 505 P.2d 651.
2. Mentioned in action involving collective negotiations of teachers' association with school board. National Education Association v. Board of Education, 212 Kan. 741, 747, 512 P.2d 426.
3. Professional employees organizations authorized to sue and be sued in association's name. Seaman Dist. Teachers' Ass'n v. Board of Education, 217 Kan. 233, 243, 535 P.2d 889.
4. Construed to permit individual teachers to make their positions on proposals under negotiation known to board. NEA-Topeka, Inc. v. U.S.D. No. 501, 225 Kan. 445, 452, 592 P.2d 93.
5. Exclusivity of representation not a subject for mandatory negotiation; preempted by statute. NEA-Kansas City v. U.S.D. No. 500, 227 Kan. 541, 545, 608 P.2d 415.
6. Applied; school board precluded from rescinding its decision until individual teachers had reasonable time to accept or reject. Burrton Education Ass'n v. U.S.D. No. 369, 4 Kan. App.2d 141, 143, 604 P.2d 57.
7. Choice of exclusive representative of professional employees does not negate right of district to make payroll deductions of dues for a different professional employees' organization upon proper authorization. NEA-Wichita v. U.S.D. No. 259, 4 Kan. App.2d 443, 444, 445, 608 P.2d 1367.
8. Unilateral contracts containing items not noticed for negotiation following impasse examined. U.S.D. No. 279 v. Secretary of Kansas Dept of Human Resources, 14 Kan. App.2d 248, 257, 788 P.2d 867 (1990).