Kansas Statutes 72-2235. 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:
Terms Used In Kansas Statutes 72-2235
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- 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
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Fact-finding: means the investigation by an individual or board of a dispute concerning terms and conditions of professional service which arose in the course of professional negotiation, and the submission of a report by such individual or board to the parties to such dispute which includes a determination of the issues involved, findings of fact regarding such issues, and the recommendation of the fact-finding individual or board for resolution of the dispute. See Kansas Statutes 72-2218
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Lockout: means action taken by a board of education to provoke interruptions of or prevent the continuity of work normally and usually performed by the professional employees for the purpose of coercing professional employees into relinquishing rights guaranteed by this act and the act of which this section is amendatory. See Kansas Statutes 72-2218
- Mediation: means the effort through interpretation and advice by an impartial third party to assist in reconciling a dispute concerning terms and conditions of professional service which arose in the course of professional negotiation between a board of education or its representatives and representatives of the recognized professional employees' organization. See Kansas Statutes 72-2218
- 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
- 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
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
(1) Interfere with, restrain or coerce professional employees in the exercise of rights granted in Kan. Stat. Ann. § 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 Kan. Stat. Ann. § 72-2228, and amendments thereto;
(6) deny the rights accompanying recognition of a professional employees’ organization which are granted in Kan. Stat. Ann. § 72-2220;
(7) refuse to participate in good faith in the mediation as provided in Kan. Stat. Ann. §§ 72-2232 or fact-finding efforts as provided in Kan. Stat. Ann. §§ 72-2233 or arbitration pursuant to an agreement entered into pursuant to Kan. Stat. Ann. § 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 Kan. Stat. Ann. § 72-2219;
(2) interfere with, restrain or coerce a board of education with respect to rights or duties which are reserved thereto under Kan. Stat. Ann. § 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 Kan. Stat. Ann. § 72-2228, and amendments thereto;
(4) refuse to participate in good faith in the mediation as provided in Kan. Stat. Ann. §§ 72-2232 or fact-finding efforts as provided in Kan. Stat. Ann. §§ 72-2233 or arbitration pursuant to an agreement entered into pursuant to Kan. Stat. Ann. § 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.