Chapter 75: State Departments; Public Officers And Employees

Article 43: Public Officers And Employees

Statute 75-4333: 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 meet and confer proceedings.

      (b)   It shall be a prohibited practice for a public employer or its designated representative willfully to:

      (1)   Interfere, restrain or coerce public employees in the exercise of rights granted in K.S.A. 75-4324;

      (2)   Dominate, interfere or assist in the formation, existence, or administration of any employee organization;

      (3)   Encourage or discourage membership in any employee organization, committee, association or representation plan by discrimination in hiring, tenure or other conditions of employment, or by blacklisting;

      (4)   Discharge or discriminate against an employee because he or she has filed any affidavit, petition or complaint or given any information or testimony under this act, or because he or she has formed, joined or chosen to be represented by any employee organization;

      (5)   Refuse to meet and confer in good faith with representatives of recognized employee organizations as required in K.S.A. 75-4327;

      (6)   Deny the rights accompanying certification or formal recognition granted in K.S.A. 75-4328;

      (7)   Deliberately and intentionally avoid mediation, fact-finding, and arbitration endeavors as provided in K.S.A. 75-4332; or

      (8)   Institute or attempt to institute a lockout.

      (c)   It shall be a prohibited practice for public employees or employee organizations willfully to:

      (1)   Interfere with, restrain or coerce public employees in the exercise of rights granted in K.S.A. 75-4324;

      (2)   Interfere with, restrain or coerce a public employer with respect to management rights granted in K.S.A. 75-4326, or with respect to selecting a representative for the purposes of meeting and conferring or the adjustment of grievances;

      (3)   Refuse to meet and confer in good faith with a public employer as required in K.S.A. 75-4327;

      (4)   Deliberately and intentionally avoid mediation, fact-finding and arbitration efforts as provided in K.S.A. 75-4332; or

      (5)   Engage in a strike.

      (d)   It shall be a prohibited practice for a public employee organization to endorse candidates, spend any of its income, directly or indirectly, for partisan or political purposes or engage in any kind of activity advocating or opposing the election of candidates for any public office.

      (e)   In the application and construction of this section, fundamental distinctions between private and public employment shall be recognized, and no body of federal or state law applicable wholly or in part to private employment shall be regarded as binding or controlling precedent.

      History:   L. 1971, ch. 264, § 13; March 1, 1972.