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72-2222. Same; determination by secretary of human resources upon petition. (a) A petition may be filed with the secretary, asking the secretary to investigate and decide the question of whether (1) professional employees in an appropriate negotiating unit have designated a professional employees' organization for recognition as an exclusive representative for purposes of K.S.A. 72-2220; (2) a professional employees' organization which is the recognized exclusive representative should be replaced by another professional employees' organization; (3) recognition of a professional employees' organization as the exclusive representative should be withdrawn.

(b) A petition under subsection (a) may be filed by:

(1) A board of education alleging that it has received a request for exclusive recognition from a professional employees' organization and has a good faith doubt as to the accuracy or validity of the claims made in the request; or

(2) a professional employees' organization; or

(3) one or more professional employees seeking withdrawal of recognition of a professional employees' organization as the exclusive representative.

History: L. 1970, ch. 284, § 5; L. 1977, ch. 248, § 3; L. 1980, ch. 220, § 4; July 1.

Source or Prior Law:

72-5417.

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, 464 (1976).

CASE ANNOTATIONS

1. Duty to negotiate with previously recognized representative until controversy determined; act construed. Liberal-NEA v. Board of Education, 211 Kan. 219, 224, 225, 227, 230, 231, 232, 233, 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. Authority granted secretary of human resources under act does not violate Kansas constitution. NEA-Fort Scott v. U.S.D. No. 234, 225 Kan. 607, 608, 612, 592 P.2d 463.

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.


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