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72-2219. Professional employees' rights; representation of employees and school boards; negotiations. Professional employees shall have the right to form, join or assist professional employees' organizations, to participate in professional negotiation with boards of education through representatives of their own choosing for the purpose of establishing, maintaining, protecting or improving terms and conditions of professional service. Professional employees shall also have the right to refrain from any or all of the foregoing activities. In professional negotiations under this act the board of education may be represented by an agent or committee designated by it.

History: L. 1970, ch. 284, § 2; July 1.

Source or Prior Law:

72-5414.

Law Review and Bar Journal References:

"Teachers and the School Board—Negotiations in Kansas," Janet Chubb and David Gray, 15 W.L.J. 457, 460 (1976).

Attorney General's Opinions:

Due process procedure; notice to discontinue contract; negotiability of date. 86-44.

CASE ANNOTATIONS

1. Applied; recognition dispute; local board required to negotiate with recognized representative until controversy determined. Liberal-NEA v. Board of Education, 211 Kan. 219, 225, 230, 505 P.2d 651.

2. Mentioned in action involving collective negotiations of teachers' association with school board. National Education Association v. Board of Education, 212 Kan. 741, 747, 512 P.2d 426.

3. Professional employees organizations authorized to sue and be sued in association's name. Seaman Dist. Teachers' Ass'n v. Board of Education, 217 Kan. 233, 244, 535 P.2d 889.

4. 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, 143, 604 P.2d 57.

5. Negotiability of evaluation criteria and evaluation procedures examined. U.S.D. No. 352 v. NEA-Goodland, 246 Kan. 137, 141, 785 P.2d 993 (1990).

6. Unilateral contracts after impasse altering and adding terms and conditions, reduction of teachers' salaries by board's negotiation expenses examined. 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, 526, 802 P.2d 516 (1990).

7. Plaintiff's failure to invoke mandatory contractual grievance procedure prevents judicial interpretation of contract. NEA-Topeka v. U.S.D. No. 501, 269 Kan. 534, 7 P.3d. 1174 (2000).


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