72-5426. Impasse during negotiation; determination of existence; statutory declaration date, joint notice; negotiation during impasse resolution proceedings.
72-5426
72-5426. Impasse during negotiation; determination of existence; statutorydeclaration date, joint notice; negotiation during impasse resolution proceedings.(a) If in the course of professional negotiation either the board ofeducation or the recognized professional employees' organization, orboth, believe that an impasse exists therein, either party individuallyor both parties together may file a petition with the secretary,asking the secretary to investigate and determine the question of whetheran impasse exists in professionalnegotiation and, if a finding that an impasse exists is made, to beginimpasse resolutionprocedures as provided in K.S.A. 72-5427 and 72-5428, and amendments thereto.Within the fivedays immediately following the date of filing, excluding Saturdays,Sundays and legal holidays, the secretary shall begin investigation of thequestion raised by the petition and in order to determine the questionmay meet with the parties or their representatives or both, either jointlyor separately, and may hold such conferences, consultations and discussionstherewith as the secretary deems necessary. If the secretary decides onthe basis of the investigation that a hearing is necessary to determinethe question, the secretary shall conduct the hearing immediately inaccordance with the provisions of the Kansas administrative procedure act.
(b) If the secretary finds that no impasse exists inprofessional negotiation between the parties, the secretary shall order theparties to continue professional negotiation.
(c) If the secretary finds that an impasse exists inprofessional negotiation between the parties, the secretary shall beginimpasse resolution procedures in accordance with K.S.A. 72-5427 and 72-5428,and amendments thereto.
(d) Notwithstanding the foregoing provisions of this section, an impasseis deemed to exist if the board of education and the recognized professionalemployees' organization have not reached agreement with respectto the terms and conditions of professional service by the statutory declarationof impasse date and, on such date, the parties shall jointly file a noticeof the existence of impasse with the secretary. Upon receipt of such jointnotice, the secretary shall begin impasse resolution procedures in accordancewith K.S.A. 72-5427 and 72-5428, and amendments thereto.
(e) Nothing in this act, or in the act of which this section is amendatory,shall be construed or applied in any manner so as to prevent the partiesfrom voluntarily engaging in professional negotiation during the course,or at the conclusion, of impasse resolution proceedings.
History: L. 1977, ch. 248, § 7; L. 1979, ch. 226, § 2; L. 1980,ch. 220, § 9;L. 1988, ch. 356, § 278; July 1, 1989.