Kentucky Statutes 345.050 – Activities prohibited and duty to bargain in good faith
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(1) Except as provided in KRS § 336.130, public employers, their representatives or their agents are prohibited from:
(a) Interfering, restraining or coercing firefighters in the exercise of the rights guaranteed in KRS § 345.030;
(b) Dominating or interfering with the formation, existence or administration of any labor organization;
(c) Discriminating in regard to hiring or tenure of employment or any term or condition of employment to encourage or discourage membership in any labor organization;
(d) Discharging or otherwise discriminating against an employee because he has signed or filed any affidavit, petition or complaint or given any information or testimony under this chapter;
(e) Refusing to bargain collectively in good faith with a labor organization which is the exclusive representative of employees in an appropriate unit, including but not limited to the discussing of grievances with the exclusive representative.
(2) Labor organizations or their agents are prohibited from: (a) Restraining or coercing:
1. Firefighters in the exercise of the right guaranteed in subsection (1)
of KRS § 345.030, and
2. A public employer in the selection of his representative for the purposes of collective bargaining or the adjustment of grievances;
(b) Refusing to bargain collectively in good faith with a public employer, if they have been designated in accordance with the provisions of this chapter as the exclusive representative of firefighters in an appropriate unit.
(3) For the purposes of this chapter, to bargain collectively is to carry out in good faith the mutual obligation of the parties, or their representatives; to meet together at reasonable times, including meetings in advance of the budget-making process; to negotiate in good faith with respect to wages, hours and other conditions of employment; to negotiate an agreement; to negotiate any question arising under any agreement; and to execute a written contract incorporating any agreement reached, if requested by either party. The obligation shall not be interpreted to compel either party to agree to a proposal, or require either party to make a concession.
Effective:January 9, 2017
History: Amended 2017 Ky. Acts ch. 1, sec. 12, effective January 9, 2017. — Created 1972 Ky. Acts ch. 120, sec. 6.
(a) Interfering, restraining or coercing firefighters in the exercise of the rights guaranteed in KRS § 345.030;
Terms Used In Kentucky Statutes 345.050
- 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.
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Contract: A legal written agreement that becomes binding when signed.
- Exclusive representative: means the labor organization which has been designated by the State Labor Relations Board as the representative of the majority of firefighters in appropriate units or has been so recognized by the public employer. See Kentucky Statutes 345.010
- Labor organization: means any chartered labor organization of any kind in which firefighters participate and which exists for the primary purpose of dealing with employers concerning grievances, labor disputes, wages, rate of pay, hours of employment, or conditions of employment. See Kentucky Statutes 345.010
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- Public employer: means a city of the first class or a consolidated local government, or any city that petitions the secretary of the Education and Labor Cabinet to be included by this chapter. See Kentucky Statutes 345.010
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
(b) Dominating or interfering with the formation, existence or administration of any labor organization;
(c) Discriminating in regard to hiring or tenure of employment or any term or condition of employment to encourage or discourage membership in any labor organization;
(d) Discharging or otherwise discriminating against an employee because he has signed or filed any affidavit, petition or complaint or given any information or testimony under this chapter;
(e) Refusing to bargain collectively in good faith with a labor organization which is the exclusive representative of employees in an appropriate unit, including but not limited to the discussing of grievances with the exclusive representative.
(2) Labor organizations or their agents are prohibited from: (a) Restraining or coercing:
1. Firefighters in the exercise of the right guaranteed in subsection (1)
of KRS § 345.030, and
2. A public employer in the selection of his representative for the purposes of collective bargaining or the adjustment of grievances;
(b) Refusing to bargain collectively in good faith with a public employer, if they have been designated in accordance with the provisions of this chapter as the exclusive representative of firefighters in an appropriate unit.
(3) For the purposes of this chapter, to bargain collectively is to carry out in good faith the mutual obligation of the parties, or their representatives; to meet together at reasonable times, including meetings in advance of the budget-making process; to negotiate in good faith with respect to wages, hours and other conditions of employment; to negotiate an agreement; to negotiate any question arising under any agreement; and to execute a written contract incorporating any agreement reached, if requested by either party. The obligation shall not be interpreted to compel either party to agree to a proposal, or require either party to make a concession.
Effective:January 9, 2017
History: Amended 2017 Ky. Acts ch. 1, sec. 12, effective January 9, 2017. — Created 1972 Ky. Acts ch. 120, sec. 6.