Printable Format72-2235. Prohibited practices; evidence of bad faith. (a) The commission of any prohibited practice, as defined in this section, among other actions, shall constitute evidence of bad faith in professional negotiation.
(b) It shall be a prohibited practice for a board of education or its designated representative willfully to:
(1) Interfere with, restrain or coerce professional employees in the exercise of rights granted in K.S.A. 72-2219;
(2) dominate, interfere or assist in the formation, existence, or administration of any professional employees' organization;
(3) discriminate in regard to hiring or any term or condition of employment to encourage or discourage membership in any professional employees' organization;
(4) discharge or discriminate against any professional employee because such professional employee has filed any affidavit, petition or complaint or given any information or testimony under this act, or because such professional employee has formed, joined or chosen to be represented by any professional employees' organization;
(5) refuse to negotiate in good faith with representatives of recognized professional employees' organizations as required in K.S.A. 72-2228, and amendments thereto;
(6) deny the rights accompanying recognition of a professional employees' organization which are granted in K.S.A. 72-2220;
(7) refuse to participate in good faith in the mediation as provided in K.S.A. 72-2232 or fact-finding efforts as provided in K.S.A. 72-2233 or arbitration pursuant to an agreement entered into pursuant to K.S.A. 72-2229; or
(8) institute or attempt to institute a lockout.
(c) It shall be a prohibited practice for professional employees or professional employees' organizations or their designated representatives willfully to:
(1) Interfere with, restrain or coerce professional employees in the exercise of rights granted in K.S.A. 72-2219;
(2) interfere with, restrain or coerce a board of education with respect to rights or duties which are reserved thereto under K.S.A. 72-2228, and amendments thereto, or with respect to selecting a representative for the purpose of professional negotiation or the adjustment of grievances;
(3) refuse to negotiate in good faith with the board of education or its designated representatives as required in K.S.A. 72-2228, and amendments thereto;
(4) refuse to participate in good faith in the mediation as provided in K.S.A. 72-2232 or fact-finding efforts as provided in K.S.A. 72-2233 or arbitration pursuant to an agreement entered into pursuant to K.S.A. 72-2229; or
(5) authorize, instigate, aid or engage in a strike or in picketing of any facility under the jurisdiction and control of the board of education.
History: L. 1977, ch. 248, § 11; L. 1980, ch. 220, § 12; July 1.
Source or Prior Law:
72-5430.
Law Review and Bar Journal References:
"The Kansas Public Employer-Employee Relations Law," Raymond Goetz, 28 K.L.R. 243, 246 (1980).
CASE ANNOTATIONS
1. Act construed and applied; judge directed to order commencement of impasse resolution procedures. Garden City Educators' Ass'n v. Vance, 224 Kan. 732, 735, 743, 585 P.2d 1057.
2. Items relating to transaction of professional association business are negotiable and not a prohibited practice hereunder. NEA-Topeka, Inc. v. U.S.D. No. 501, 225 Kan. 445, 451, 455, 592 P.2d 93.
3. Proposal relating to nondiscrimination not mandatorily negotiable; subsection (b)(3) and (b)(4) applicable. Chee-Craw Teachers Association v. U.S.D. No. 247, 225 Kan. 561, 567, 569, 593 P.2d 406.
4. Determination of whether numerous bargaining proposals mandatorily negotiable and whether prohibited practices committed in action for relief hereunder reviewed. NEA-Parsons v. U.S.D. No. 503, 225 Kan. 581, 582, 593 P.2d 414.
5. Appeal from trial court's finding of occurrence of prohibited practices during negotiations dismissed; moot. NEA-Topeka, Inc. v. U.S.D. No. 501, 227 Kan. 529, 530, 608 P.2d 920.
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. 2d141, 145, 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; not a prohibited practice under (b)(2). NEA-Wichita v. U.S.D. No. 259, 4 Kan. App. 2d443, 444, 445, 446, 608 P.2d 1367.
8. Due process procedure; contract termination good cause for nonrenewal of tenured teacher contract not included in new interlocal cooperative agreement. Sells v. U.S.D. No. 429, 6 Kan. App. 2d968, 970, 971, 637 P.2d 422 (1981).
9. District court judgment set aside because remedies provided by statute not exhausted. U.S.D. No. 251 v. Secretary of Kansas Dept. of Human Resources, 233 Kan. 436, 437, 661 P.2d 1248 (1983).
10. Method of interpreting terms and conditions of professional service under K.S.A. 72-5413(l) approved. U.S.D. No. 501 v. Secretary of Kansas Dept. of Human Resources, 235 Kan. 968, 685 P.2d 874 (1984).
11. Negotiability of evaluation criteria and evaluation procedures examined. U.S.D. No. 352 v. NEA-Goodland, 246 Kan. 137, 144, 785 P.2d 993 (1990).
12. Unilateral contracts after impasse altering and adding terms and conditions permitted; reducing teachers' salaries by board's negotiation expenses prohibited. U.S.D. No. 279 v. Secretary of Kansas Dept. of Human Resources, 14 Kan. App. 2d248, 257; affirmed in part, reversed in part, 247 Kan. 519, 526, 529, 802 P.2d 516 (1990).
13. Unilaterally imposing liquidated damages on resigning teachers found not to be a prohibited practice. Garden City Educators' Ass'n v. U.S.D. No. 457, 15 Kan. App. 2d187, 190, 805 P.2d 511 (1991).
14. School board's refusal to negotiate evaluation procedures for implementing new teacher evaluation criteria amounted to prohibited practice. U.S.D. No. 314 v. Kansas Dept. of Human Resources, 18 Kan. App. 2d596, 601, 856 P.2d 1343 (1993).
15. Decision concerning negotiability of contract provision under PNA (K.S.A. 72-5413 et seq.) determined by secretary of human resources, not declaratory judgment action. Junction City Education Ass'n v. U.S.D. No. 475, 264 Kan. 212, 217, 219, 955 P.2d 1266 (1998).
16. By contract terms, union may not file grievances for members but remanded to determine whether school district had waived issue of standing to file grievance. 312 Education Ass'n v. U.S.D. 312, 273 Kan. 875, 47 P.3d 383 (2002).