44-823. Certified employee organizations; duties of agricultural employers; determination and designation of appropriate unit; certification of representatives of appropriate unit; investigations, hea
44-823
44-823. Certified employee organizations; duties ofagricultural employers; determination and designation of appropriateunit; certification of representatives of appropriate unit;investigations, hearings and elections by board; membership inappropriate unit and employee organizations; duties of employeeorganizations.(a) Agricultural employers shall recognize certified employeeorganizations for the purpose of representing their members as togrievances and conditions of employment. Employee organizations mayestablish reasonable provisions for an individual's admission to ordismissal from membership.
(b) Where an employee organization has been certified by the boardas representing a majority of the employees in an appropriate unit, theappropriate agricultural employer shall meet and confer in good faithwith such employee organization in the determination of conditions ofemployment of the agricultural employees as provided in this act, andmay enter into a memorandum of agreement with such recognized employeeorganization.
(c) A recognized employee organization shall represent not less thana majority of the employees of an appropriate unit. When a questionconcerning the designation of an appropriate unit is raised by anagricultural employer or an employee organization, the board, at therequest of any of the parties, shall investigate such question and,after a hearing conducted in accordancewith the provisions of the Kansas administrative procedure act, rule onthe definition of the appropriate unit inaccordance with subsection (e) of this section.
(d) Following determination of the appropriate unit of employees,the board, at the request of the agricultural employer or on petition ofemployees, shall investigate questions and certify to the parties inwriting, the names of the representatives that have been designated foran appropriate unit. The filing of a petition for the investigation orcertification of a representative of employees shall show the names ofnot less than 30% of the employees within anappropriate unit. In any such investigation, the board may provide foran appropriate hearing in accordance with theprovisions of the Kansas administrative procedure act, shall determinevoting eligibility and shalltake a secret ballot of employees in the appropriate unit involved toascertain such representatives for the purpose of formal recognition.Recognition shall be granted only to an employee organization that hasbeen selected in a secret ballot election by a majority of the eligibleemployees in an appropriate unit who vote in such election. Eachemployee eligible to vote shall be provided the opportunity to choosethe employee organization such employee wishes to represent such employee, from among thoseon the ballot, or to choose "no representation." The board is authorizedto hold elections to determine whether: (1) An employee organizationshould be recognized as the formal representative of employees in aunit; (2) an employee organization should replace another employeeorganization as the formal representative of employees in a unit; and (3) arecognized employee organization should be decertified. If the board hascertified a formally recognized representative in an appropriate unit,it shall not be required to consider the matter again for a period ofone year, unless the board determines that sufficient reason exists.No election shall be directed in any appropriate unit or subdivisionthereof where there is in force and effect a valid memorandum ofagreement which was not prematurely extended and which is of a fixedduration not exceeding three years; except the board shallreconsider any certification upon receipt of a voluntary petition of 70% ormore of the employees of any appropriate unit,seeking decertification. The board may promulgate such rules andregulations as may be appropriate to carry out the provisions of thissection.
(e) Any group of agricultural employees considering the formation ofan employee organization for formal recognition and the board, ininvestigating questions at the request of the parties as specified inthis section, shall establish an appropriate unit to include the largestnumber of eligible employees consistent with: (1) The principles ofefficient administration of the business; (2) the existence of acommunity of interest among employees; (3) the history of employeeorganization; (4) geographical location; (5) the effects ofoverfragmentation and the splintering of a work organization; (6) theprovisions of K.S.A. 44-822 and amendments thereto; and (7) therecommendations of the parties involved.
(f) Supervisory, confidential, clerical, domestic, technical,executive and professional employees and guard shall be excluded from anagricultural employee appropriate unit.
(g) As a condition precedent to certification, an employeeorganization shall file with the secretary of state a copy of itsarticles, bylaws or governing rules which shall provide that theemployee organizations: (1) Will establish and maintain standards ofconduct providing for the maintenance of democratic procedures andpractices including the fair and equal treatment of all members; (2)will disclose fully to members in advance the purpose of all assessmentsand collections; (3) will have a secret ballot election of all officersnot less frequently than every four years; (4) will submit to thesecretary of state annually a list of the names and addresses of itsofficers and a designation of its principal office within the state ofKansas, and will notify the secretary of state of any changes in suchinformation within 30 days after the making of such change; (5)will submit to the secretary of state an annual financial report in themanner and form and containing information required under the provisionsof K.S.A. 44-806 and amendments thereto; and (6) will prohibit allbusiness and financial interests by officers which conflict with theirfiduciary responsibilities.
History: L. 1972, ch. 193, § 6;L. 1988, ch. 356, § 144; July 1, 1989.