44-829. Proceedings concerning prohibited practices; procedure; judicial review and enforcement of board's actions; remedies for certain violations.
44-829
44-829. Proceedings concerning prohibited practices; procedure;judicial review and enforcement of board's actions;remedies for certain violations.(a) Any controversy concerning prohibited practices may be submitted tothe board. Proceedings against the party alleged to have committed aprohibited practice shall be commenced by service upon it by the boardof a written notice, together with a copy of the charges. The accusedparty shall have seven days within which to serve a written answerto such charges, unless the board determines an emergency exists andrequires the accused party to serve a written answer to such chargeswithin 24 hours of their receipt. Hearings on prohibited practices shall be conducted inaccordance with the provisions of the Kansas administrative procedure act.If the board determines an emergency exists, the board shall follow theprocedures contained in K.S.A. 77-536 and amendments thereto.A strike or lockoutshall be construed to be an emergency. Theboard may use its rulemaking power, as provided in K.S.A. 44-820 andamendments thereto,to make any other procedural rules it deems necessary to carry on thisfunction.
(b) The board shall either dismiss the complaint or determine that aprohibited practice has been or is being committed. If the board findsthat the party accused has committed or is committing a prohibitedpractice, the board shall make findings as authorized by this act andshall file them in the proceedings. Anyaction of the board pursuant to thissection is subject to review and enforcement in accordance with the act forjudicial review and civil enforcement of agency actions.The board is hereby authorized to file a petition in thedistrict court to enforce its final orders until such time as they aremodified or set aside by the court.The procedures for obtaininginjunction, contempt citations, fines and allied remedies to enforceactions of the board shall be asset forth in the code of civil procedure, except that the provisions ofK.S.A. 60-904 and amendments thereto shall not control injunctionactions arising out ofagricultural employer-employee relations under this act. Such injunctiveand allied remedies may be obtained and enforced against persons,employee organizations or associations, labor unions, corporations, andofficers of or representatives of the same.
(c) In the event there is an alleged violation of either subsection(b)(8) of K.S.A. 44-828or subsection (c)(6), (7) or (8) of K.S.A. 44-828, and amendments thereto, theaggrieved party is authorized to seek relief in district court in themanner provided for enforcement of actions of the board in subsection (b),including injunctions, contempt citations, fines and allied remedies,while proceedings on such prohibited practices are pending before theboard. Any ruling of the district court shall remain in effect until setaside by the court on motion of the parties or of the board or uponreview of the board's order as provided by subsection (b).
History: L. 1972, ch. 193, § 12;L. 1986, ch. 318, § 62;L. 1988, ch. 356, § 146; July 1, 1989.