72-5430. Prohibited practices; evidence of bad faith.
72-5430
72-5430. Prohibited practices; evidence of bad faith.(a) The commission of any prohibited practice, as defined in thissection, among other actions, shall constitute evidence of bad faith inprofessional negotiation.
(b) It shall be a prohibited practice for a board of education orits designated representative willfully to:
(1) Interfere with, restrain or coerce professional employees in theexercise of rights granted in K.S.A. 72-5414;
(2) dominate, interfere or assist in the formation, existence, oradministration of any professional employees' organization;
(3) discriminate in regard to hiring or any term or condition ofemployment to encourage or discourage membership in any professionalemployees' organization;
(4) discharge or discriminate against any professional employeebecause such professional employee has filed any affidavit, petition orcomplaint or given any information or testimony under this act, orbecause such professional employee has formed, joined or chosen to berepresented by any professional employees' organization;
(5) refuse to negotiate in good faith with representatives ofrecognized professional employees' organizations as required in K.S.A. 72-5423and amendments thereto;
(6) deny the rights accompanying recognition of a professionalemployees' organization which are granted in K.S.A. 72-5415;
(7) refuse to participate in good faith in the mediation as providedin K.S.A. 72-5427 or fact-finding efforts as provided inK.S.A. 72-5428 or arbitration pursuant to an agreemententered into pursuant to K.S.A. 72-5424; or
(8) institute or attempt to institute a lockout.
(c) It shall be a prohibited practice for professional employees orprofessional employees' organizations or their designatedrepresentatives willfully to:
(1) Interfere with, restrain or coerce professional employees in theexercise of rights granted in K.S.A. 72-5414;
(2) interfere with, restrain or coerce a board of education withrespect to rights or duties which are reserved thereto under K.S.A. 72-5423and amendments thereto, or with respect to selecting a representative for thepurpose of professional negotiation or the adjustment of grievances;
(3) refuse to negotiate in good faith with the board of education orits designated representatives as required in K.S.A. 72-5423 and amendments thereto;
(4) refuse to participate in good faith in the mediation as providedin K.S.A. 72-5427 or fact-finding efforts as provided inK.S.A. 72-5428 or arbitration pursuantto an agreemententered into pursuant to K.S.A. 72-5424; or
(5) authorize, instigate, aid or engage in a strike or inpicketing of any facility under the jurisdiction and control of theboard of education.
History: L. 1977, ch. 248, § 11; L. 1980, ch. 220, § 12; July 1.