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 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(4) the board of education, within the previous twelve (12) months, has lawfully denied or withdrawn the recognition of a professional employees' organization as the exclusive representative of the professional employees included in the unit claimed to be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.
Structure Kansas Statutes
Article 22 - School District Employment Contracts
72-2217 Supplemental contracts of employment authorized.
72-2219 Professional employees' rights; representation of employees and school boards; negotiations.
72-2222 Same; determination by secretary of human resources upon petition.
72-2223 Same; election; summary dismissal of petition, when.
72-2224 Same; conduct of election for determination; conditions; run-off election.
72-2225 Criteria for determining appropriate unit of employees' organization.
72-2226 Agreements; ratification; election; absentee ballots.
72-2227 Savings clause for existing agreements.
72-2229 Agreements may provide for arbitration of disputes; enforcement of arbitration agreements.
72-2234 Costs for mediation and fact-finding.
72-2235 Prohibited practices; evidence of bad faith.
72-2236 Prohibited practices, determination of existence; procedure; hearing.
72-2237 Secretary of labor; rules and regulations; subpoena power.
72-2238 Unilateral contracts prohibited prior to completion of negotiation.
72-2239 Savings clause for existing agreements; administrative employees exempted.
72-2241 Deductions; authorization thereof; continuation of authorization; conditions; limitations.
72-2242 Same; disbursement of funds deducted.
72-2244 Employment incentive or retention bonuses for teachers.
72-2251 Notice of termination or nonrenewal of certain teacher contracts; change of terms.
72-2252 Due process hearing procedures for certain postsecondary teachers; definitions.
72-2254 Same; commencement of hearing, when; procedural requirements.
72-2256 Testimony by affidavit or deposition; interrogatories; time, extension.
72-2259 Contractual rights; limitation on creation; not impaired.
72-2260 Same; application of act; years of employment requirements, waiver.
72-2262 Abridgment of constitutional right; procedure for determination.
72-2281 Definitions; superintendents excepted.
72-2282 Notice of nonrenewal or rejection of administrator's contract; change of terms.
72-2284 Contractual rights; limitation on creation; not impaired.
72-2285 Application of act; two years of employment required; waiver, when.