75-4321.
Declaration of policy and objectives; election by public employer to be bound by act; termination.
(a) The legislature hereby finds and declares that:
(1) The people of this state have a fundamental interest in the development of harmonious and cooperative relationships between government and its employees;
(2) the denial by some public employers of the right of public employees to organize and the refusal by some to accept the principle and procedure of full communication between public employers and public employee organizations can lead to various forms of strife and unrest;
(3) the state has a basic obligation to protect the public by assuring, at all times, the orderly and uninterrupted operations and functions of government;
(4) there neither is, nor can be, an analogy of statuses between public employees and private employees, in fact or law, because of inherent differences in the employment relationship arising out of the unique fact that the public employer was established by and is run for the benefit of all the people and its authority derives not from contract nor the profit motive inherent in the principle of free private enterprise, but from the constitution, statutes, civil service rules, regulations and resolutions; and
(5) the difference between public and private employment is further reflected in the constraints that bar any abdication or bargaining away by public employers of their continuing legislative discretion and in the fact that constitutional provisions as to contract, property, and due process do not apply to the public employer and employee relationship.
(b) Subject to the provisions of subsection (c), it is the purpose of this act to obligate public agencies, public employees and their representatives to enter into discussions with affirmative willingness to resolve grievances and disputes relating to conditions of employment, acting within the framework of law. It is also the purpose of this act to promote the improvement of employer-employee relations within the various public agencies of the state and its political subdivisions by providing a uniform basis for recognizing the right of public employees to join organizations of their own choice, or to refrain from joining, and be represented by such organizations in their employment relations and dealings with public agencies.
(c) The governing body of any public employer, other than the state and its agencies, by a majority vote of all the members may elect to bring such public employer under the provisions of this act, and upon such election the public employer and its employees shall be bound by its provisions from the date of such election. Once an election has been made to bring the public employer under the provisions of this act it continues in effect unless rescinded by a majority vote of all members of the governing body. No vote to rescind shall take effect until the termination of the next complete budget year following such vote.
History:
L. 1971, ch. 264, § 1; March 1, 1972.
Notes of Decisions
Kansas Bd. of Regents v. Pittsburg State Univ. Chapter, 667 P.2d 306 (Kan. 1983).
· cites it 27× “: The Board of Regents and Pittsburg State University appeal from a decision of the Shawnee District Court affirming orders of the Public Employee Relations Board in three cases arising under the Public Employer-Employee Relations Act, K.S.A. 75-4321 et seq. All three cases…”
Fort Hays State Univ. v. Fort Hays State Univ. Chapter, 228 P.3d 403 (Kan. 2010).
· cites it 4× “: By appeal and cross-appeal, all parties challenge rulings concerning a money damages award ordered by the Public Employee Relations Board (PERB or the Board) to accompany findings that Fort Hays State University (FHSU) engaged in prohibited labor practices under the Public…”
Wing v. The City of Edwardsville, 341 P.3d 607 (Kan. Ct. App. 2014).
· cites it 13× “The employees obtained a Temporary Restraining Order ordering the City to “comply with its obligations under [the Act], K.S.A. 75-4321, et seq.” In support of its motion for a temporary restraining order, the employees had attached an affidavit from Robert Wing, the president of…”
State, Dep't of Admin. v. Pub. Employees Relations Bd., 894 P.2d 777 (Kan. 1995).
· cites it 4× “The perimeters of conflict surround the tension between die Public Employee-Employer Relations Act (PEERA), K.S.A. 75-4321 et seq., and the Kansas Department of Administration (KDA) under die Civil Service Act, K.”
Gorham v. City of Kansas City, 590 P.2d 1051 (Kan. 1979).
· cites it 3× “The City of Kansas City, Kansas, through a majority vote of its governing body on October 2, 1975, elected to bring the City under the provisions of the Kansas Public Employer-Employee Relations Act, K.S.A. 75-4321 to 4337, inclusive. Following an election, the Fraternal Order…”
Wright v. Kansas Water Off., 881 P.2d 567 (Kan. 1994).
· cites it 2× “: Although the Public Employer-Employee Relations Act, K.S.A. 75-4321 et seq., is not at issue in the case at bar, K.”
Lindenman v. Umscheid, 875 P.2d 964 (Kan. 1994).
“In Slifer,the Kansas Association of Public Employees (KAPE) sought a declaratory judgment in federal court as to the constitutionality of the Public Employer-Employee Relations Act, K.S.A. 75-4321 et seq. The Public Employee Relations Board (PERB) argued KAPE’s only avenue of…”
Coggins v. Pub. Emp. Relations Bd., 581 P.2d 817 (Kan. Ct. App. 1978).
“We note K.S.A. 75-4321(a)(4) and (5) indicating the “inherent differences” between public and private employment.”
Ruff v. City of Leavenworth, Kan., 858 F. Supp. 1546 (D. Kan. 1994).
· cites it 2× “On March 23, 1993, the Leavenworth City Commission voted unanimously against bringing the City under the Kansas Public Employer Employee Relations Act (PE-ERA), K.S.A. 75-4321, et seq. 3 About twenty-five police officers, including plaintiff Wood, attended the commission meeting.”
— K.S.A. § 75-4321(a) — 1 case
— K.S.A. § 75-4321(a)(3) — 1 case
Kansas Bd. of Regents v. Pittsburg State Univ. Chapter, 667 P.2d 306 (Kan. 1983).
“: The Board of Regents and Pittsburg State University appeal from a decision of the Shawnee District Court affirming orders of the Public Employee Relations Board in three cases arising under the Public Employer-Employee Relations Act, K.S.A. 75-4321 et seq. All three cases…”
— K.S.A. § 75-4321(a)(4) — 4 cases
State, Dep't of Admin. v. Pub. Employees Relations Bd., 894 P.2d 777 (Kan. 1995).
“The perimeters of conflict surround the tension between die Public Employee-Employer Relations Act (PEERA), K.S.A. 75-4321 et seq., and the Kansas Department of Administration (KDA) under die Civil Service Act, K.”
Coggins v. Pub. Emp. Relations Bd., 581 P.2d 817 (Kan. Ct. App. 1978).
“We note K.S.A. 75-4321(a)(4) and (5) indicating the “inherent differences” between public and private employment.”
Wright v. Kansas Water Off., 881 P.2d 567 (Kan. 1994).
“: Although the Public Employer-Employee Relations Act, K.S.A. 75-4321 et seq., is not at issue in the case at bar, K.”
— K.S.A. § 75-4321(b) — 5 cases
Fort Hays State Univ. v. Fort Hays State Univ. Chapter, 228 P.3d 403 (Kan. 2010).
“: By appeal and cross-appeal, all parties challenge rulings concerning a money damages award ordered by the Public Employee Relations Board (PERB or the Board) to accompany findings that Fort Hays State University (FHSU) engaged in prohibited labor practices under the Public…”
Kansas Bd. of Regents v. Pittsburg State Univ. Chapter, 667 P.2d 306 (Kan. 1983).
“: The Board of Regents and Pittsburg State University appeal from a decision of the Shawnee District Court affirming orders of the Public Employee Relations Board in three cases arising under the Public Employer-Employee Relations Act, K.S.A. 75-4321 et seq. All three cases…”
— K.S.A. § 75-4321(c) — 7 cases
Wing v. The City of Edwardsville, 341 P.3d 607 (Kan. Ct. App. 2014).
“The employees obtained a Temporary Restraining Order ordering the City to “comply with its obligations under [the Act], K.S.A. 75-4321, et seq.” In support of its motion for a temporary restraining order, the employees had attached an affidavit from Robert Wing, the president of…”
Gorham v. City of Kansas City, 590 P.2d 1051 (Kan. 1979).
“The City of Kansas City, Kansas, through a majority vote of its governing body on October 2, 1975, elected to bring the City under the provisions of the Kansas Public Employer-Employee Relations Act, K.S.A. 75-4321 to 4337, inclusive. Following an election, the Fraternal Order…”
Ruff v. City of Leavenworth, Kan., 858 F. Supp. 1546 (D. Kan. 1994).
“On March 23, 1993, the Leavenworth City Commission voted unanimously against bringing the City under the Kansas Public Employer Employee Relations Act (PE-ERA), K.S.A. 75-4321, et seq. 3 About twenty-five police officers, including plaintiff Wood, attended the commission meeting.”
— K.S.A. § 75-4321(e) — 1 case
— K.S.A. § 75-4321(fe) — 1 case
Gorham v. City of Kansas City, 590 P.2d 1051 (Kan. 1979).
“The City of Kansas City, Kansas, through a majority vote of its governing body on October 2, 1975, elected to bring the City under the provisions of the Kansas Public Employer-Employee Relations Act, K.S.A. 75-4321 to 4337, inclusive. Following an election, the Fraternal Order…”
— K.S.A. § 75-4321(fo) — 1 case
Kansas Bd. of Regents v. Pittsburg State Univ. Chapter, 667 P.2d 306 (Kan. 1983).
“: The Board of Regents and Pittsburg State University appeal from a decision of the Shawnee District Court affirming orders of the Public Employee Relations Board in three cases arising under the Public Employer-Employee Relations Act, K.S.A. 75-4321 et seq. All three cases…”
— K.S.A. § 75-4321(h) — 1 case
Kansas Bd. of Regents v. Pittsburg State Univ. Chapter, 667 P.2d 306 (Kan. 1983).
“: The Board of Regents and Pittsburg State University appeal from a decision of the Shawnee District Court affirming orders of the Public Employee Relations Board in three cases arising under the Public Employer-Employee Relations Act, K.S.A. 75-4321 et seq. All three cases…”
— K.S.A. § 75-4321(o)(2) — 1 case
Kansas Bd. of Regents v. Pittsburg State Univ. Chapter, 667 P.2d 306 (Kan. 1983).
“: The Board of Regents and Pittsburg State University appeal from a decision of the Shawnee District Court affirming orders of the Public Employee Relations Board in three cases arising under the Public Employer-Employee Relations Act, K.S.A. 75-4321 et seq. All three cases…”
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