Statute 72-5426: Impasse during negotiation; determination of existence; statutory
declaration date, joint notice; negotiation during impasse resolution proceedings.
(a) If in the course of professional negotiation either the board of
education or the recognized professional employees' organization, or
both, believe that an impasse exists therein, either party individually
or both parties together may file a petition with the secretary,
asking the secretary to investigate and determine the question of whether
an impasse exists in professional
negotiation and, if a finding that an impasse exists is made, to begin
procedures as provided in K.S.A. 72-5427
and 72-5428, and amendments thereto.
Within the five
days immediately following the date of filing, excluding Saturdays,
Sundays and legal holidays, the secretary shall begin investigation of the
question raised by the petition and in order to determine the question
may meet with the parties or their representatives or both, either jointly
or separately, and may hold such conferences, consultations and discussions
therewith as the secretary deems necessary. If the secretary decides on
the basis of the investigation that a hearing is necessary to determine
the question, the secretary shall conduct the hearing immediately in
accordance with the provisions of the Kansas administrative procedure act.
(b) If the secretary finds that no impasse exists in
professional negotiation between the parties, the secretary shall order the
parties to continue professional negotiation.
(c) If the secretary finds that an impasse exists in
professional negotiation between the parties, the secretary shall begin
impasse resolution procedures in accordance with K.S.A. 72-5427 and 72-5428,
and amendments thereto.
(d) Notwithstanding the foregoing provisions of this section, an impasse
is deemed to exist if the board of education and the recognized professional
employees' organization have not reached agreement with respect
to the terms and conditions of professional service by the statutory declaration
of impasse date and, on such date, the parties shall jointly file a notice
of the existence of impasse with the secretary. Upon receipt of such joint
notice, the secretary shall begin impasse resolution procedures in accordance
with K.S.A. 72-5427 and 72-5428, and amendments thereto.
(e) Nothing in this act, or in the act of which this section is amendatory,
shall be construed or applied in any manner so as to prevent the parties
from voluntarily engaging in professional negotiation during the course,
or at the conclusion, of impasse resolution proceedings.
History: L. 1977, ch. 248, § 7; L. 1979, ch. 226, § 2; L. 1980,
ch. 220, § 9;
L. 1988, ch. 356, § 278; July 1, 1989.