72-5416. Recognition of employees' organization as representative; exceptions to required recognition.
72-5416
72-5416. Recognition of employees' organization as representative; exceptionsto required recognition.(a) If professional employees of a board of education are not representedby a professional employees' organization for the purpose of professionalnegotiation, any professional employees' organization may file a request with the boardof education alleging that a majority of the professional employees inan appropriate negotiating unit wish to be represented for such purposeby such organization and asking the boardof education to recognize it as the exclusive representative under K.S.A.72-5415. Such request shall describe thegrouping of jobs or positions which constitute the unit claimed to beappropriate and shall include a demonstration of majority supportthrough verified membership lists. Notice of such request shallimmediately be posted by the board of education on a bulletin board ateach school or other facility in which members of the unit claimed to beappropriate are employed.
(b) A request for recognition under subsection (a) shall be grantedby the board of education unless:
(1) The board of education has a good faith doubt as to the accuracyor validity of the evidence demonstrating majority support; or
(2) another professional employees' organization files with theboard of education within ten (10)calendar days after the posting of notice of the original request a competingrequest alleging majority support and asking the board of education to recognizeit as the exclusive representative; or
(3) one or more of the professional employees included in the unit claimedto be appropriate files with the board of education within ten (10) calendardays after the posting of notice of the original request a competing requestalleging majority support and asking the board of education to deny therequest for recognition; or
(4) the board of education, within the previous twelve (12) months, haslawfully denied or withdrawn the recognition of a professional employees'organization as the exclusive representative of the professional employeesincluded in the unit claimed to be appropriate; or
(5) the secretary, within the previous twelve (12) months, has conducteda secret ballot election under the provisions of this act, or the act ofwhich this section is amendatory, and the election resulted in a majorityvote for no representation.
History: L. 1970, ch. 284, § 4; L. 1980, ch. 220, § 3; July 1.