44-820. Agricultural labor relations; board, when activated; composition, appointment and qualifications; powers and duties; meetings and compensation; deactivation.
44-820
44-820. Agricultural labor relations; board, whenactivated; composition, appointment and qualifications; powers and duties;meetings andcompensation; deactivation.(a) There is hereby created the agricultural labor relations board,which shall consist of three members and which shallbe activated only when a complaint is filed with the secretary of agriculturealleging the existence of a controversy under thisact.The secretary of agriculture shall:
(1) Forthwith request the secretary of labor tosubmit to thegovernor, within 15 days, a list containing the names of at least threepersons, representative of agricultural labor;
(2) forthwith request the secretary of administration to submit to thegovernor, within 15 days, a list containing the names of at least threepersons, representative of the general public and not identified witheither agricultural labor or employers; and
(3) submit to the governor, within 15 days, a list containing the namesof at least three persons, representative of agricultural employers.
From each of such lists the governor,within 10 days after receiving the same, shall appoint one member to serveon the board. The member representing the public at large shall serve asthe chairperson of the board. Not more thantwo members of the board shall belong to the same politicalparty. Every member of the board shall serve until a successor isappointed and qualified. Any vacancy in the membershipof the board occurring prior to the time theboard is deactivated shall be filledby the appointment of a new member inthe same manner as provided for original appointment of the member being replaced.
(b) Members of the agricultural labor relations board attendingmeetings of the board shall be paid compensation, subsistenceallowances, mileage and other expenses as provided in K.S.A.75-3223 and amendments thereto. Members' compensation shall be paid by thedepartment of labor from funds appropriatedthereto by thelegislature. The secretary of labor shall provideoffice spaceand such clerical and other staff assistance as necessary to enable theboard to carry out theprovisions of this act.
(c) In addition to other authority provided in this act the boardshall:
(1) Establish procedures for the prevention of prohibitedagricultural employer and employee organization practices as provided inK.S.A. 44-828, and amendments thereto, except that the board shallprovide onlyfor theentering of an orderdirecting the agricultural employer or employee organization to meet andconfer in good faith in the case of a claimed violation of subsection (b)(5)or (c)(5) of that section. The pendency of proceedings under this paragraphshall not be used as the basis to delay or interfere with determinationof representation status pursuant to K.S.A. 44-823, and amendmentsthereto, or with meeting andconferring.
(2) Hold such hearings and make such inquiries as it deems necessaryto carry out properly its functions and powers. For the purpose ofsuch hearings and inquiries, the board may administer oaths andaffirmations, examine witnesses and documents, take testimony,receive evidence and compel attendance of witnesses and the productionof documents by the issuance of subpoenas. Such subpoenas shall beregulated and enforced in the same manner as provided for the secretaryof labor under the provisions of K.S.A. 44-611andamendments thereto.
(3) To exercise such other powers, as appropriate to carryout the purposes and provisions of this act.
(d) The board shall be deactivated when the secretary of agriculturedetermines there is no pending nor threatenedcontroversy under this act.
History: L. 1972, ch. 193, § 3; L. 1974, ch. 348, § 17; L. 1976,ch. 370, § 82; L. 1982, ch. 347, § 19;L. 1988, ch. 301, § 8;L. 1989, ch. 152, § 2;L. 2004, ch. 179, § 80;L. 2005, ch. 186, § 13; May 12.