44-828. Prohibited practices.
44-828
44-828. Prohibited practices.(a) The commission of any prohibited practice, as defined in thissection, among other actions, shall constitute evidence of bad faith inmeet and confer proceedings.
(b) It shall be a prohibited practice for an agricultural employeror such employer's designated representative willfully to:
(1) Interfere, restrain or coerce agricultural employees in theexercise of rights granted in this act; except, that the expression ofviews by any means, as long as the expressions do not contain threats ofreprisal or promises of benefits, shall not be prohibited or grounds forsetting aside a representative election;
(2) dominate, interfere or assist in the formation, existence, oradministration of any employee organization;
(3) encourage or discourage membership in any employee organization,committee, association or representation plan by discrimination inhiring, tenure or other conditions of employment, or by blacklisting;
(4) discharge or discriminate against an employee because such employee hasfiled any affidavit, petition or complaint or given any information ortestimony under this act, or because such employee has formed,joined or chosen tobe represented by any employee organization;
(5) refuse to meet and confer in good faith with representatives ofcertified or formally recognized employee organizations;
(6) deny the rights accompanying certification or formal recognitiongranted in K.S.A. 44-824, and amendments thereto; or
(7) institute or attempt to institute a lockout.
(c) It shall be a prohibited practice for agricultural employees oremployee organizations willfully to:
(1) Interfere with, restrain, discriminate against or coerceagricultural employees in the exercise of any of the rights granted toagricultural employees in this act;
(2) interfere with, restrain or coerce an agricultural employer withrespect to management rights granted in K.S.A. 44-822, and amendments thereto,or with respect to selecting a representative for the purposes ofmeeting and conferring or the adjustment of grievances;
(3) cause or attempt to cause an employer to discriminate against anemployee because of membership or nonmembership in any employeeorganization;
(4) establish or maintain organizational pickets at an agriculturalemployer's residence, place of business or situs of such employer's products;
(5) refuse to meet and confer in good faith with an agriculturalemployer as required by this act;
(6) engage in a strike during periods of marketing of livestock orduring a critical period of production or harvesting of crops; or
(7) engage in a secondary boycott.
History: L. 1972, ch. 193, § 11;L. 1989, ch. 152, § 4; July 1.