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Kansas Statutes Annotated

K.S.A. § 75-4322 (2026)

Definitions

✓ current as of May 2026
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75-4322. Definitions. As used in this act:

(a) "Public employee" means any person employed by any public agency, except those persons classed as supervisory employees, professional employees of school districts, as defined by subsection (c) of K.S.A. 72-5413, elected and management officials, and confidential employees.

(b) "Supervisory employee" means any individual who normally performs different work from his subordinates, having authority, in the interest of the employer, to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward, or discipline other employees, or responsibly to direct them, or to adjust their grievances, or effectively to recommend a preponderance of such actions, if in connection with the foregoing the exercise of such authority is not of a merely routine or clerical nature, but requires the use of independent judgment. A memorandum of agreement may provide for a definition of "supervisory employees" as an alternative to the definition herein.

(c) "Confidential employee" means any employee whose unrestricted access to confidential personnel files or other information concerning the administrative operations of a public agency, or whose functional responsibilities or knowledge in connection with the issues involved in the meet and confer process would make his membership in the same employee organization as other employees incompatible with his official duties.

(d) "Professional employee" includes any employee: (1) Whose work is predominantly intellectual and varied in character as opposed to routine mental, manual, mechanical, or physical work; involves the consistent exercise of discretion and judgment; requires knowledge of an advanced type in a field of science or learning customarily acquired by prolonged study in an institution of higher learning; or (2) who has completed courses of prolonged study as described in paragraph (1) of this subsection, and is performing related work under the supervision of a professional person in order to qualify as a professional employee as defined in paragraph (1) of this subsection; or (3) attorneys-at-law or any other person who is registered as a qualified professional by a board of registration or other public body established for such purposes under the laws of this state.

(e) "Elected and management officials" means any elective official and any appointed officer charged by law with major administrative and management responsibilities.

(f) "Public agency" or "public employer" means every governmental subdivision, including any county, township, city, school district, special district, board, commission, or instrumentality or other similar unit whose governing body exercises similar governmental powers, and the state of Kansas and its state agencies.

(g) "Governing body" means the legislative body, policy board or other authority of the public employer possessing legislative or policymaking responsibilities pursuant to the constitution or laws of this state.

(h) "Representative of the public agency" means the chief executive officer of the public employer or his or her designee, except when the governing body provides otherwise, and except in the case of the state of Kansas and its state agencies. Such chief executive shall be for counties, the chairman of the board of county commissioners; for cities, the mayor, city manager or city superintendent; for school districts, the president of the board of education; and for other local units, such similar elected or appointed officer. In the case of the state of Kansas and its state agencies, "representative of the public employer" means a team of persons, the head of which shall be a person designated by the secretary of administration and the heads of the state agency or state agencies involved or one person designated by each such state agency head.

(i) "Employee organization" means any organization which includes employees of a public agency and which has as one of its primary purposes representing such employees in dealings with that public agency over conditions of employment and grievances.

(j) "Recognized employee organization" means an employee organization which has been formally acknowledged by the public agency or certified as representing a majority of the employees of an appropriate unit.

(k) "Business agent" means any authorized person who is a full-time official of an employee organization and whose principal duties are to act or to attempt to act for an employee organization (1) in proceedings to meet and confer and other proceedings involving a memorandum of agreement, (2) in servicing existing memorandums of agreement, or (3) in organizing employees into employee organizations.

(l) "Board" means the public employee relations board established pursuant to this act.

(m) "Meet and confer in good faith" is the process whereby the representative of a public agency and representatives of recognized employee organizations have the mutual obligation personally to meet and confer in order to exchange freely information, opinions and proposals to endeavor to reach agreement on conditions of employment.

(n) "Memorandum of agreement" means a written memorandum of understanding arrived at by the representatives of the public agency and a recognized employee organization which may be presented to the governing body of a public employer or its statutory representative and to the membership of such organization for appropriate action.

(o) "Mediation" means effort by an impartial third party to assist in reconciling a dispute regarding conditions of employment between representatives of the public agency and recognized employee organizations through interpretation and advice.

(p) "Fact-finding" means investigation of such a dispute by an individual, panel, or board with the fact-finder submitting a report to the parties describing the issues involved; the report shall contain recommendations for settlement and may be made public.

(q) "Arbitration" means interpretation of the terms of an existing or a new memorandum of agreement or investigation of disputes by an impartial third party whose decision may or may not be final and binding. Arbitration is advisory when the results are not binding upon the parties; it is final and binding when both parties, of their own volition, agree to submit a dispute to, and to abide by the decision of, the impartial third party.

(r) "Strike" means an action taken for the purpose of coercing a change in the conditions, rights, privileges or obligations of employment through the failure by concerted action with others to report for duty or to work at usual capability in the performance of the normal duties of employment.

(s) "Lockout" means action taken by the public employer to provoke interruptions of or prevent the continuity of work normally and usually performed by the employees for the purpose of coercing the employees into relinquishing rights guaranteed by this act.

(t) "Conditions of employment" means salaries, wages, hours of work, vacation allowances, sick and injury leave, number of holidays, retirement benefits, insurance benefits, prepaid legal service benefits, wearing apparel, premium pay for overtime, shift differential pay, jury duty and grievance procedures, but nothing in this act shall authorize the adjustment or change of such matters which have been fixed by statute or by the constitution of this state.

(u) "Grievance" means a statement of dissatisfaction by a public employee, supervisory employee, employee organization or public employer concerning interpretation of a memorandum of agreement or traditional work practice.

(v) "Budget submission date" means (1) for any public employers subject to the budget law in K.S.A. 79-2925 et seq. the date of July 1, and (2) for any other public employer the date fixed by law. "Budget submission date" means, in the case of the state and its state agencies, the date of September 15.

(w) "Legislature" means the legislature of the state of Kansas.

(x) "State agency" means the same as is ascribed thereto in K.S.A. 75-3701.

History: L. 1971, ch. 264, § 2; L. 1972, ch. 340, § 1; L. 1973, ch. 363, § 1; L. 1974, ch. 207, § 6; L. 1977, ch. 302, § 1; July 1.

Notes of Decisions
Cited in 18 cases, 1972–2008 · leading case: Kansas Bd. of Regents v. Pittsburg State Univ. Chapter, 667 P.2d 306 (Kan. 1983).
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Kansas Bd. of Regents v. Pittsburg State Univ. Chapter, 667 P.2d 306 (Kan. 1983). · cites it 46× “"Meet and confer in good faith" is defined in K.S.A. 75-4322( m ) as follows: "`Meet and confer in good faith' is the process whereby the representative of a public agency and representatives of recognized employee organizations have the mutual obligation personally to meet and…”
State, Dep't of Admin. v. Pub. Employees Relations Bd., 894 P.2d 777 (Kan. 1995). · cites it 15× “” K.S.A. 75-4322(m). The failure of a public employer to meet and confer in good faith is a prohibited practice under K.”
Durflinger v. Artiles, 673 P.2d 86 (Kan. 1983). · cites it 2× “75-4322(c) - (/) (K.S.A. 1973 Supp. 75-4322[a] - [/])• We conclude the staff physicians of state mental hospitals are public employees rather than public officers and hence have no common law immunity.”
Kansas Ass'n of Pub. Employees v. Pub. Emp. Relations Bd., 778 P.2d 377 (Kan. Ct. App. 1989). · cites it 36× “K.S.A. 75-4322. At the time PEERA was progressing through the legislature, the pool of judicial branch employees potentially subject to its coverage was considerably less than at present.”
Pittsburg State Univ. v. Kansas Bd. of Regents, 122 P.3d 336 (Kan. 2005). · cites it 6× “” K.S.A. 75-4322(m). The refusal to meet and confer regarding conditions of employment is a “prohibited practice.”
Waterloo Educ. Ass'n v. Iowa Pub. Emp. Relations, 740 N.W.2d 418 (Iowa 2007). “2d 426, 435 (1973), superseded by statute, Kan. Stat. Ann. § 75-4322 (t) (1977), as recognized in Kansas Bd.”
Amalgamated Transit Union Int'l, Afl-Cio v. Raymond J. Donovan, Sec'y of Labor, 767 F.2d 939 (D.C. Cir. 1985). “9 (West 1978) (wages, hours, vacations, insurance, holidays, leaves of absence, shift differentials, overtime, supplemental pay, seniority, transfers, job classifications, health and safety matters, evaluation procedures, in-service training procedures and staff reductions for…”
Durflinger v. Artiles, 727 F.2d 888 (10th Cir. 1984). “" 189 See also K.S.A. 75-4322(a )-(F ) (k.s.a. 1973 supp.”
Durflinger v. Artiles, 727 F.2d 888 (10th Cir. 1984). · cites it 2× “” See also K.S.A. 75-4322(a )-(f) (K.S.A. 1973 Supp.”
Sch. Dist. of Seward Educ. Ass'n v. Sch. Dist., 199 N.W.2d 752 (Neb. 1972). “K.S.A. 1971 Supp., § 75-4322(s). Without trying to lay down any specific rule, we would hold that conditions of employment can be interpreted to include only those matters directly affecting the teacher’s welfare.”
Nat'l Educ. Ass'n-Topeka, Inc. v. U.S.D. No. 501, 592 P.2d 93 (Kan. 1979). “Compare, for example, K.S.A. 1972 Supp. 75-4322(s) of the Public Employer-Employee Relations Act, where for public employees other than teachers ‘conditions of employment’ is specifically defined in terms generally in line with those adopted by the trial court here.”
City of Wichita v. Pub. Emp. Relations Bd. of the Kansas Dep't of Human Resources & Teamsters Union Local 795, 913 P.2d 137 (Kan. 1996). “The presiding officers key holdings were: (1) City and Authority were each a “public agency or employer” as defined by K.S.A. 75-4322(f); (2) City and Authority each exerted control over varying aspects of the employment relationship and were the “joint employers” of the safety…”
Show all 18 citing cases →
— K.S.A. § 75-4322(a) — 2 cases
Kansas Bd. of Regents v. Pittsburg State Univ. Chapter, 667 P.2d 306 (Kan. 1983). “"Meet and confer in good faith" is defined in K.S.A. 75-4322( m ) as follows: "`Meet and confer in good faith' is the process whereby the representative of a public agency and representatives of recognized employee organizations have the mutual obligation personally to meet and…”
Kansas Ass'n of Pub. Employees v. Pub. Emp. Relations Bd., 778 P.2d 377 (Kan. Ct. App. 1989). “K.S.A. 75-4322. At the time PEERA was progressing through the legislature, the pool of judicial branch employees potentially subject to its coverage was considerably less than at present.”
— K.S.A. § 75-4322(b) — 2 cases
Kansas Ass'n of Pub. Employees v. Pub. Emp. Relations Bd., 778 P.2d 377 (Kan. Ct. App. 1989). “K.S.A. 75-4322. At the time PEERA was progressing through the legislature, the pool of judicial branch employees potentially subject to its coverage was considerably less than at present.”
Kansas Univ. Police Officers Ass'n v. Pub. Emp. Relations Bd., 828 P.2d 369 (Kan. Ct. App. 1991).
— K.S.A. § 75-4322(c) — 2 cases
Durflinger v. Artiles, 673 P.2d 86 (Kan. 1983). “75-4322(c) - (/) (K.S.A. 1973 Supp. 75-4322[a] - [/])• We conclude the staff physicians of state mental hospitals are public employees rather than public officers and hence have no common law immunity.”
Kansas Ass'n of Pub. Employees v. Pub. Emp. Relations Bd., 778 P.2d 377 (Kan. Ct. App. 1989). “K.S.A. 75-4322. At the time PEERA was progressing through the legislature, the pool of judicial branch employees potentially subject to its coverage was considerably less than at present.”
— K.S.A. § 75-4322(d)(3) — 1 case
Kansas Ass'n of Pub. Employees v. Pub. Emp. Relations Bd., 778 P.2d 377 (Kan. Ct. App. 1989). “K.S.A. 75-4322. At the time PEERA was progressing through the legislature, the pool of judicial branch employees potentially subject to its coverage was considerably less than at present.”
— K.S.A. § 75-4322(e) — 1 case
Kansas Ass'n of Pub. Employees v. Pub. Emp. Relations Bd., 778 P.2d 377 (Kan. Ct. App. 1989). “K.S.A. 75-4322. At the time PEERA was progressing through the legislature, the pool of judicial branch employees potentially subject to its coverage was considerably less than at present.”
— K.S.A. § 75-4322(f) — 3 cases
Kansas Bd. of Regents v. Pittsburg State Univ. Chapter, 667 P.2d 306 (Kan. 1983). “"Meet and confer in good faith" is defined in K.S.A. 75-4322( m ) as follows: "`Meet and confer in good faith' is the process whereby the representative of a public agency and representatives of recognized employee organizations have the mutual obligation personally to meet and…”
City of Wichita v. Pub. Emp. Relations Bd. of the Kansas Dep't of Human Resources & Teamsters Union Local 795, 913 P.2d 137 (Kan. 1996). “The presiding officers key holdings were: (1) City and Authority were each a “public agency or employer” as defined by K.S.A. 75-4322(f); (2) City and Authority each exerted control over varying aspects of the employment relationship and were the “joint employers” of the safety…”
Kansas Ass'n of Pub. Employees v. Pub. Emp. Relations Bd., 778 P.2d 377 (Kan. Ct. App. 1989). “K.S.A. 75-4322. At the time PEERA was progressing through the legislature, the pool of judicial branch employees potentially subject to its coverage was considerably less than at present.”
— K.S.A. § 75-4322(g) — 1 case
Kansas Bd. of Regents v. Pittsburg State Univ. Chapter, 667 P.2d 306 (Kan. 1983). “"Meet and confer in good faith" is defined in K.S.A. 75-4322( m ) as follows: "`Meet and confer in good faith' is the process whereby the representative of a public agency and representatives of recognized employee organizations have the mutual obligation personally to meet and…”
— K.S.A. § 75-4322(h) — 1 case
Kansas Bd. of Regents v. Pittsburg State Univ. Chapter, 667 P.2d 306 (Kan. 1983). “"Meet and confer in good faith" is defined in K.S.A. 75-4322( m ) as follows: "`Meet and confer in good faith' is the process whereby the representative of a public agency and representatives of recognized employee organizations have the mutual obligation personally to meet and…”
— K.S.A. § 75-4322(i) — 1 case
Kansas Bd. of Regents v. Pittsburg State Univ. Chapter, 667 P.2d 306 (Kan. 1983). “"Meet and confer in good faith" is defined in K.S.A. 75-4322( m ) as follows: "`Meet and confer in good faith' is the process whereby the representative of a public agency and representatives of recognized employee organizations have the mutual obligation personally to meet and…”
— K.S.A. § 75-4322(jf) — 1 case
Kansas Bd. of Regents v. Pittsburg State Univ. Chapter, 667 P.2d 306 (Kan. 1983). “"Meet and confer in good faith" is defined in K.S.A. 75-4322( m ) as follows: "`Meet and confer in good faith' is the process whereby the representative of a public agency and representatives of recognized employee organizations have the mutual obligation personally to meet and…”
— K.S.A. § 75-4322(m) — 4 cases
Kansas Bd. of Regents v. Pittsburg State Univ. Chapter, 667 P.2d 306 (Kan. 1983). “"Meet and confer in good faith" is defined in K.S.A. 75-4322( m ) as follows: "`Meet and confer in good faith' is the process whereby the representative of a public agency and representatives of recognized employee organizations have the mutual obligation personally to meet and…”
State, Dep't of Admin. v. Pub. Employees Relations Bd., 894 P.2d 777 (Kan. 1995). “” K.S.A. 75-4322(m). The failure of a public employer to meet and confer in good faith is a prohibited practice under K.”
Pittsburg State Univ. v. Kansas Bd. of Regents, 122 P.3d 336 (Kan. 2005). “” K.S.A. 75-4322(m). The refusal to meet and confer regarding conditions of employment is a “prohibited practice.”
Kansas Ass'n of Pub. Employees v. Pub. Emp. Relations Bd., 778 P.2d 377 (Kan. Ct. App. 1989). “K.S.A. 75-4322. At the time PEERA was progressing through the legislature, the pool of judicial branch employees potentially subject to its coverage was considerably less than at present.”
— K.S.A. § 75-4322(n) — 1 case
Pittsburg State Univ. v. Kansas Bd. of Regents, 122 P.3d 336 (Kan. 2005). “” K.S.A. 75-4322(m). The refusal to meet and confer regarding conditions of employment is a “prohibited practice.”
— K.S.A. § 75-4322(s) — 2 cases
Sch. Dist. of Seward Educ. Ass'n v. Sch. Dist., 199 N.W.2d 752 (Neb. 1972). “K.S.A. 1971 Supp., § 75-4322(s). Without trying to lay down any specific rule, we would hold that conditions of employment can be interpreted to include only those matters directly affecting the teacher’s welfare.”
Nat'l Educ. Ass'n-Topeka, Inc. v. U.S.D. No. 501, 592 P.2d 93 (Kan. 1979). “Compare, for example, K.S.A. 1972 Supp. 75-4322(s) of the Public Employer-Employee Relations Act, where for public employees other than teachers ‘conditions of employment’ is specifically defined in terms generally in line with those adopted by the trial court here.”
— K.S.A. § 75-4322(t) — 5 cases
State, Dep't of Admin. v. Pub. Employees Relations Bd., 894 P.2d 777 (Kan. 1995). “” K.S.A. 75-4322(m). The failure of a public employer to meet and confer in good faith is a prohibited practice under K.”
Kansas Bd. of Regents v. Pittsburg State Univ. Chapter, 667 P.2d 306 (Kan. 1983). “"Meet and confer in good faith" is defined in K.S.A. 75-4322( m ) as follows: "`Meet and confer in good faith' is the process whereby the representative of a public agency and representatives of recognized employee organizations have the mutual obligation personally to meet and…”
Pittsburg State Univ. v. Kansas Bd. of Regents, 122 P.3d 336 (Kan. 2005). “” K.S.A. 75-4322(m). The refusal to meet and confer regarding conditions of employment is a “prohibited practice.”
Kansas City, Kansas Fraternal Order of Police, Lodge No. 4 v. City of Kansas City, 620 F. Supp. 752 (D. Kan. 1984).
Kansas Ass'n of Pub. Employees v. Pub. Emp. Relations Bd., 778 P.2d 377 (Kan. Ct. App. 1989). “K.S.A. 75-4322. At the time PEERA was progressing through the legislature, the pool of judicial branch employees potentially subject to its coverage was considerably less than at present.”
— K.S.A. § 75-4322(u) — 1 case
Fort Hays State Univ. v. Fort Hays State Univ. Chapter, 195 P.3d 259 (Kan. Ct. App. 2008).
— K.S.A. § 75-4322(x) — 1 case
Kansas Bd. of Regents v. Pittsburg State Univ. Chapter, 667 P.2d 306 (Kan. 1983). “"Meet and confer in good faith" is defined in K.S.A. 75-4322( m ) as follows: "`Meet and confer in good faith' is the process whereby the representative of a public agency and representatives of recognized employee organizations have the mutual obligation personally to meet and…”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.