Printable Format72-2221. 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 K.S.A. 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:
(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(4) the board of education, within the previous twelve (12) months, has lawfully denied or withdrawn the recognition of a professional employees' organization as the exclusive representative of the professional employees included in the unit claimed to be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.
History: L. 1970, ch. 284, § 4; L. 1980, ch. 220, § 3; July 1.
Source or Prior Law:
72-5416.
Law Review and Bar Journal References:
"Teachers and the School Board—Negotiations in Kansas," Janet Chubb and David Gray, 15 W.L.J. 457, 460 (1976).
CASE ANNOTATIONS
1. Applied; act construed; local board required to negotiate with recognized representative until controversy determined. Liberal-NEA v. Board of Education, 211 Kan. 219, 220, 225, 226, 227, 229, 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, 234, 244, 247, 535 P.2d 889.
4. Mentioned in breach of employment contract action by teacher against community junior college board. Boatright v. Board of Trustees of Butler Co. Jr. College, 225 Kan. 327, 330, 590 P.2d 1032.
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.