72-2231. Impasse during negotiation; determination of existence; statutory declaration date, joint notice; negotiation during impasse resolution proceedings. (a) If in the course of professional negotiation either the board of education or the recognized professional employees' organization, or both, believe that an impasse exists therein, either party individually or both parties together may file a petition with the secretary, asking the secretary to investigate and determine the question of whether an impasse exists in professional negotiation and, if a finding that an impasse exists is made, to begin impasse resolution procedures as provided in K.S.A. 72-2232 and 72-2233, and amendments thereto. Within the five days immediately following the date of filing, excluding Saturdays, Sundays and legal holidays, the secretary shall begin investigation of the question raised by the petition and in order to determine the question may meet with the parties or their representatives or both, either jointly or separately, and may hold such conferences, consultations and discussions therewith as the secretary deems necessary. If the secretary decides on the basis of the investigation that a hearing is necessary to determine the question, the secretary shall conduct the hearing immediately in accordance with the provisions of the Kansas administrative procedure act.
(b) If the secretary finds that no impasse exists in professional negotiation between the parties, the secretary shall order the parties to continue professional negotiation.
(c) If the secretary finds that an impasse exists in professional negotiation between the parties, the secretary shall begin impasse resolution procedures in accordance with K.S.A. 72-2232 and 72-2233, and amendments thereto.
(d) Notwithstanding the foregoing provisions of this section, an impasse is deemed to exist if the board of education and the recognized professional employees' organization have not reached agreement with respect to the terms and conditions of professional service by the statutory declaration of impasse date and, on such date, the parties shall jointly file a notice of the existence of impasse with the secretary. Upon receipt of such joint notice, the secretary shall begin impasse resolution procedures in accordance with K.S.A. 72-2232 and 72-2233, 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 parties from 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.
Source or Prior Law:
72-5426.
Law Review and Bar Journal References:
"Survey of Kansas Law: Civil Procedure," Jerry G. Elliott, 27 K.L.R. 185, 193 (1979).
"Survey of Kansas Law: Municipal Corporations," Richard H. Seaton, 27 K.L.R. 269, 272 (1979).
"The Kansas Public Employer-Employee Relations Law," Raymond Goetz, 28 K.L.R. 243, 246 (1980).
CASE ANNOTATIONS
1. Act construed and applied; judge directed to order commencement of impasse resolution procedures. Garden City Educators' Ass'n v. Vance, 224 Kan. 732, 733, 735, 739, 740, 743, 585 P.2d 1057.
2. Provision mandatory; when impasse declared, resolution procedures must commence; judge directed to order commencement. Garden City Educators' Ass'n v. Vance, 224 Kan. 732, 585 P.2d 1057.
3. Mentioned as not being in effect during negotiations unsuccessfully terminated. Riley County Education Ass'n v. U.S.D. No. 378, 225 Kan. 385, 388, 592 P.2d 87.
4. Noted as not being in effect during time of negotiation which was subject of declaratory judgment action. NEA-Wichita v. Board of Education of U.S.D. No. 259, 225 Kan. 395, 397, 592 P.2d 80.
5. Summary hearing hereunder also applicable in disputes as to whether specific proposals are mandatorily negotiable. Chee-Craw Teachers Association v. U.S.D. No. 247, 225 Kan. 561, 565, 566, 567, 593 P.2d 406.
6. Order declaring impasse hereunder not subject to appeal. In re NEA-Topeka, Inc., 224 Kan. 291, 292, 579 P.2d 1216. Opinion supplemented, 224 Kan. 582, 583, 585, 581 P.2d 1187.
7. Constitutionality of act upheld in action seeking declaration of impasse and temporary restraining order hereunder. NEA-Fort Scott v. U.S.D. No. 234, 225 Kan. 607, 592 P.2d 463.
8. Appeal dismissed; parties entered into a negotiated contract between time appeal was taken and hearing thereon. NEA-Topeka, Inc. v. U.S.D. No. 501, 227 Kan. 290, 291, 607 P.2d 40.
9. Applied; school board precluded from rescinding its decision until individual teachers had reasonable time to accept or reject. Burrton Education Ass'n v. U.S.D. No. 369, 4 Kan. App. 2d 141, 142, 144, 604 P.2d 57.
10. Secretary's broad grant of power examined; quasi-judicial functions as constitutionally permissible determined. U.S.D. No. 279 v. Secretary of Kansas Dept. of Human Resources, 14 Kan. App. 2d 248, 257; affirmed in part, reversed in part, 247 Kan. 519, 534, 802 P.2d 516 (1990).
11. Decision concerning negotiability of contract provision under PNA (K.S.A. 72-5413 et seq.) determined by secretary of human resources, not declaratory judgment action. Junction City Education Ass'n v. U.S.D. No. 475, 264 Kan. 212, 214, 216, 955 P.2d 1266 (1998).
|
|