Kansas Statutes 72-2228. Rights and duties of boards of education reserved; recognition and negotiation required; terms and conditions subject to negotiation; applicability of open meetings law, exceptions; strikes not authorized; adoption of agreeme…
Terms Used In Kansas Statutes 72-2228
- 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
- Contract: A legal written agreement that becomes binding when signed.
- Professional employee: means any person employed by a board of education in a position which requires a certificate issued by the state board of education or employed by a board of education in a professional, educational or instructional capacity, but shall not mean any such person who is an administrative employee and, commencing in the 2006-2007 school year, shall not mean any person who is a retirant from school employment of the Kansas public employees retirement system, regardless of whether an agreement between a board of education and an exclusive representative of professional employees that covers terms and conditions of professional service provides to the contrary. See Kansas Statutes 72-2218
- Professional negotiation: means meeting, conferring, consulting and discussing in a good faith effort by both parties to reach agreement with respect to the terms and conditions of professional service. 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
- Strike: means an action taken for the purpose of coercing a change in the terms and conditions of professional service or the rights, privileges or obligations thereof, through any failure by concerted action with others to report for duty including, but not limited to, any work stoppage, slowdown, or refusal to work. See Kansas Statutes 72-2218
- Terms and conditions of professional service: means : (A) Salaries and wages, including pay for duties under supplemental contracts; hours and amounts of work; vacation allowance, holiday, sick, extended, sabbatical and other leave, and number of holidays; retirement; insurance benefits; wearing apparel; pay for overtime; jury duty; grievance procedure, including binding arbitration of grievances; disciplinary procedure; resignations; termination and nonrenewal of contracts; reemployment of professional employees; terms and form of the individual professional employee contract; probationary period; professional employee appraisal procedures; each of the foregoing being a term and condition of professional service, regardless of its impact on the employee or on the operation of the educational system; (B) matters which relate to privileges to be granted the recognized professional employees' organization, including, but not limited to, voluntary payroll deductions; dissemination of information regarding the professional negotiation process and related matters to members of the bargaining unit on school or college premises through direct contact with members of the bargaining unit; reasonable leaves of absence for members of the bargaining unit for organizational purposes, such as engaging in professional negotiation and partaking of instructional programs properly related to the representation of the bargaining unit; any of the foregoing privileges which are granted the recognized professional employees' organization through the professional negotiation process shall not be granted to any other professional employees' organization; and (C) such other matters as the parties mutually agree upon as properly related to professional service including, but not limited to, employment incentive or retention bonuses authorized under Kan. See Kansas Statutes 72-2218
(a) Nothing in this act, or the act of which this section is amendatory, shall be construed to change or affect any right or duty conferred or imposed by law upon any board of education, except that boards of education are required to comply with this act, and the act of which this section is amendatory, in recognizing professional employees’ organizations, and when such an organization is recognized, the board of education and the professional employees’ organization shall enter into professional negotiations on request of either party at any time during the school year prior to issuance or renewal of the annual teachers’ contracts. Notices to negotiate on new items or to amend an existing contract must be filed on or before March 31 in any school year by either party, such notices shall be in writing and delivered to the chief administrative officer of the board of education or to the representative of the bargaining unit and shall contain in reasonable and understandable detail the purpose of the new or amended items desired.
(b) (1) Upon entering negotiations pursuant to this section, the parties shall negotiate compensation of professional employees and hours and amounts of work. In addition, each party may select not more than three additional terms and conditions of professional service from the list described in Kan. Stat. Ann. § 72-2218(l)(1), and amendments thereto, for negotiation. All other terms and conditions of professional service described in Kan. Stat. Ann. § 72-2218(l)(1), and amendments thereto, shall be deemed permissive topics for negotiation and shall only be negotiated upon the mutual agreement of the parties.
(2) For purposes of this section, the term “compensation” means salary and wages, supplemental contract salaries and pay for overtime.
(3) The provisions of this subsection shall not apply to negotiations between a board of education and a professional employees’ organization negotiating for the purpose of reaching their first agreement.
(c) Except as otherwise expressly provided in this subsection, every meeting, conference, consultation and discussion between a professional employees’ organization or its representatives and a board of education or its representatives during the course of professional negotiation and every hearing conducted by the secretary under Kan. Stat. Ann. § 72-2231, and amendments thereto, for determination of the question of the existence of impasse is subject to the provisions of the Kansas open meetings law, and any amendments or supplements thereto. Meetings, conferences, consultations and discussions held by the secretary under Kan. Stat. Ann. § 72-2231, and amendments thereto, for investigation of the question of the existence of impasse, and meetings, conferences, consultations and discussions held during the course of and in connection with, and the meeting required at the conclusion of, impasse resolution proceedings, as provided for in Kan. Stat. Ann. §§ 72-2232 and 72-2233, and amendments thereto, are specifically made exempt from the provisions of the Kansas open meetings law, and any amendments or supplements thereto.
(d) Nothing in this act, or the act of which this section is amendatory, shall be construed to authorize a strike by professional employees.
(e) Any agreement lawfully made under the provisions of this act, or the act of which this section is amendatory, may be adopted by reference and made a part of the employment contract between any professional employee of the applicable negotiating unit and a board of education for a period of not to exceed three years.
(f) Those individuals selected by the board of education and the professional employees’ organization to conduct negotiations pursuant to this act shall complete training on conducting negotiations each year. The content and format of the training for these individuals shall be determined by the respective party each individual represents in negotiations.