As Amended by House Committee
Session of 1999
By Representatives Barnes, Alldritt, Flaharty, Flora, Garner, Gatewood,
                Gilbert, Grant, Haley, Henderson, Johnston, Kirk, Klein, Kuether,
                Larkin, Nichols, Pauls, Ruff, Sharp, Spangler, Swenson, Tedder, To-
                elkes, Wells and Welshimer

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

HB 2457--Am.


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