Session of 2000
By Committee on Business, Commerce and Labor

  9             AN  ACT relating to the public employer-employee relations act; con-
10             cerning remedies available thereunder; amending K.S.A. 75-4334 and
11             repealing the existing section.
13       Be it enacted by the Legislature of the State of Kansas:
14             Section  1. K.S.A. 75-4334 is hereby amended to read as follows: 75-
15       4334. (a) Any controversy concerning prohibited practices may be sub-
16       mitted to the board. Proceedings against the party alleged to have com-
17       mitted a prohibited practice shall be commenced within six months of
18       the date of such alleged practice by service upon the accused party by
19       the board of a written notice, together with a copy of the charges. The
20       accused party shall have seven 20 days within which to serve a written
21       answer to such charges, unless the board determines an emergency exists
22       and requires the accused party to serve a written answer to such charges
23       within 24 hours of their receipt. Hearings on prohibited practices shall
24       be conducted in accordance with the provisions of the Kansas adminis-
25       trative procedure act. If the board determines an emergency exists, the
26       board may use emergency adjudicative proceedings as provided in K.S.A.
27       77-536 and amendments thereto. A strike or lockout shall be construed
28       to be an emergency. The board may use its rulemaking power, as provided
29       in K.S.A. 75-4323 and amendments thereto, to make any other procedural
30       rules it deems necessary to carry on this function.
31             (b) The board shall either dismiss the complaint or determine that
32       whether a prohibited practice has been or is being committed. If the
33       board finds that the party accused has committed or is committing a
34       prohibited practice, the board shall make findings as authorized by this
35       act and shall file them in the proceedings, and shall enter an order grant-
36       ing or denying in whole or in part, the relief sought, or directing such
37       other relief as may be appropriate.
38             (c) Any action of the board pursuant to subsection (b) is subject to
39       review and enforcement in accordance with the act for judicial review
40       and civil enforcement of agency actions. The procedures for obtaining
41       injunction and allied remedies shall be as set forth in the code of civil
42       procedure, except that the provisions of K.S.A. 60-904 and amendments
43       thereto shall not control injunction actions arising out of public employer-


  1       employee relations under this act.
  2             (d) If there is an alleged violation of either subsection (b)(8) or (c)(5)
  3       of K.S.A. 75-4333 and amendments thereto, the aggrieved party is au-
  4       thorized to seek relief in district court in the manner provided for the
  5       board in subsection (c) while proceedings on such prohibited practices
  6       are pending before the board. Any ruling of the district court shall remain
  7       in effect until set aside by the court on motion of the parties or of the
  8       board or upon review of the board's order as provided by subsection (c). 
  9       Sec.  2. K.S.A. 75-4334 is hereby repealed.
10        Sec.  3. This act shall take effect and be in force from and after its
11       publication in the statute book.