44-809. Unlawful acts.

44-809

Chapter 44.--LABOR AND INDUSTRIES
Article 8.--EMPLOYER AND EMPLOYEE RELATIONS

      44-809.   Unlawful acts.It shall be unlawful for any person

      (1)   To interfere with or prevent the right of franchise of anymember of a labor organization. The right of franchise shall include theright of an employee to make complaint, file charges, give informationor testimony concerning the violations of this act, or the petitioningto such employee's union regarding any grievance such employee mayhaveconcerning such employee's membership or employment,or the making knownfacts concerning such grievance or violations of law to any person,including public officials or the employer, and suchemployee's right of freepetition, lawful assemblage and free speech.

      (2)   To prohibit or prevent any election of the officers of any labororganization.

      (3)   On and after July 1, 1955, to participate in any strike,walk-out, or cessation of work or continuation thereof against anemployer when any of such employer's employees areorganized into acollective bargaining unit without the same being authorized by amajority vote of the employees in such collective bargaining unit at anelection, by secret ballot, held, conducted and canvassed in accordancewith rules and regulations which shall be adopted by the secretary oflabor. The provisions of this section shall notprohibit anyperson from terminating such person's employment onsuch person's ownvolition.

      (4)   To enter into an all-union agreement as a representative ofemployees in a collective bargaining unit unless the employees to begoverned thereby have, by a majority vote of such employees by secretballot, authorized such agreement.

      (5)   To conduct any election referred to in subsections (3) and (4) ofthis section without a secret ballot.

      (6)   To charge, receive, or retain any dues, assessments, or othercharges in excess of, or not authorized by, the constitution or bylawsof any labor organization on file as provided in K.S.A.44-806 and amendments thereto.

      (7)   To act as a business agent without having obtained andpossessing a valid and subsisting license.

      (8)   To solicit membership for or to act as a representative of anexisting labor organization without authority of such labor organizationto do so.

      (9)   To make any false statement in an application for a license.

      (10)   To act as a business agent or representative of any labororganization which does not have on file, with the secretary of state,its constitution and bylaws.

      (11)   For any person to seize or occupy property unlawfully duringthe existence of a labor dispute.

      (12)   To coerce or intimidate any employee in the enjoyment of suchemployee's legal rights, including those guaranteed inK.S.A. 44-803, and amendments thereto, orto intimidate such employee's family, picket suchemployee's domicile or injure the person or propertyof such employee or such employee's family or to inany way discriminateagainst any employee, member of a labor organization or other person byreason of such employee's exercise of any rightguaranteed to such employee bythe provisions of this act.

      (13)   To picket beyond the area of the industry within which a labordispute arises.

      (14)   To engage in picketing by force and violence, or to picket insuch a manner as to prevent ingress and egress to and from any premises,or to picket other than in a peaceable manner.

      (15)   To violate the terms of a collective bargaining agreement.

      (16)   To enter into a closed shop agreement.

      History:   L. 1943, ch. 191, § 8; L. 1955, ch. 252, § 3;L. 1976, ch. 370, § 79;L. 2004, ch. 179, § 77; July 1.