HB 2244--
Session of 1997
By Committee on Business, Commerce and Labor

9 AN ACT concerning the public employer-employee relations act; relating 10 to the applicability of the act to local units of government; amending 11 K.S.A. 75-4321 and repealing the existing section. 12 13 Be it enacted by the Legislature of the State of Kansas: 14 Section 1. K.S.A. 75-4321 is hereby amended to read as follows: 75- 15 4321. (a) The legislature hereby finds and declares that: 16 (1) The people of this state have a fundamental interest in the de- 17 velopment of harmonious and cooperative relationships between govern- 18 ment and its employees; 19 (2) the denial by some public employers of the right of public em- 20 ployees to organize and the refusal by some to accept the principle and 21 procedure of full communication between public employers and public 22 employee organizations can lead to various forms of strife and unrest; 23 (3) the state has a basic obligation to protect the public by assuring, 24 at all times, the orderly and uninterrupted operations and functions of 25 government; 26 (4) there neither is, nor can be, an analogy of statuses between public 27 employees and private employees, in fact or law, because of inherent 28 differences in the employment relationship arising out of the unique fact 29 that the public employer was established by and is run for the benefit of 30 all the people and its authority derives not from contract nor the profit 31 motive inherent in the principle of free private enterprise, but from the 32 constitution, statutes, civil service rules, regulations and resolutions; and 33 (5) the difference between public and private employment is further 34 reflected in the constraints that bar any abdication or bargaining away by 35 public employers of their continuing legislative discretion and in the fact 36 that constitutional provisions as to contract, property, and due process do 37 not apply to the public employer and employee relationship. 38 (b) Subject to the provisions of subsection (c), it is the purpose of 39 this act to obligate public agencies, public employees and their represen- 40 tatives to enter into discussions with affirmative willingness to resolve 41 grievances and disputes relating to conditions of employment, acting 42 within the framework of law. It is also the purpose of this act to promote 43 the improvement of employer-employee relations within the various pub- HB 2244

 1  lic agencies of the state and its political subdivisions by providing a uni-
 2  form basis for recognizing the right of public employees to join organi-
 3  zations of their own choice, or to refrain from joining, and be represented
 4  by such organizations in their employment relations and dealings with
 5  public agencies.
 6    (c)  The governing body of any public employer, other than the state
 7  and its agencies, by a majority vote of all the members may elect to bring
 8  such public employer under the provisions of this act, and upon such
 9  election the public employer and its employees shall be bound by its
10  provisions from the date of such election. Once an election has been made
11  to bring the public employer under the provisions of this act it continues
12  in effect unless rescinded by a majority vote of all members of the gov-
13  erning body. No vote to rescind shall take effect until the termination of
14  the next complete budget year following such vote.
15    Sec. 2.  K.S.A. 75-4321 is hereby repealed.
16    Sec. 3.  This act shall take effect and be in force from and after its
17  publication in the statute book.