K.S.A. » Chapter 75
Kansas Statutes Annotated

K.S.A. § 75-4333 (2026)

Prohibited practices; evidence of bad faith

✓ current as of May 2026
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75-4333. Prohibited practices; evidence of bad faith. (a) The commission of any prohibited practice, as defined in this section, among other actions, shall constitute evidence of bad faith in meet and confer proceedings.

(b) It shall be a prohibited practice for a public employer or its designated representative willfully to:

(1) Interfere, restrain or coerce public employees in the exercise of rights granted in K.S.A. 75-4324, and amendments thereto;

(2) dominate, interfere or assist in the formation, existence, or administration of any employee organization;

(3) encourage or discourage membership in any employee organization, committee, association or representation plan by discrimination in hiring, tenure or other conditions of employment, or by blacklisting;

(4) discharge or discriminate against an employee because such employee has filed any affidavit, petition or complaint or given any information or testimony under this act, or because such employee has formed, joined or chosen to be represented by any employee organization;

(5) refuse to meet and confer in good faith with representatives of recognized employee organizations as required in K.S.A. 75-4327, and amendments thereto;

(6) deny the rights accompanying certification or formal recognition granted in K.S.A. 75-4328, and amendments thereto;

(7) deliberately and intentionally avoid mediation, fact-finding, and arbitration endeavors as provided in K.S.A. 75-4332, and amendments thereto; or

(8) institute or attempt to institute a lockout.

(c) It shall be a prohibited practice for public employees or employee organizations willfully to:

(1) Interfere with, restrain or coerce public employees in the exercise of rights granted in K.S.A. 75-4324, and amendments thereto;

(2) interfere with, restrain or coerce a public employer with respect to management rights granted in K.S.A. 75-4326, and amendments thereto, or with respect to selecting a representative for the purposes of meeting and conferring or the adjustment of grievances;

(3) refuse to meet and confer in good faith with a public employer as required in K.S.A. 75-4327, and amendments thereto;

(4) deliberately and intentionally avoid mediation, fact-finding and arbitration efforts as provided in K.S.A. 75-4332, and amendments thereto; or

(5) engage in a strike.

(d) (1) It shall be a prohibited practice for a public employee organization to endorse candidates, spend any of its income, directly or indirectly, for partisan or political purposes or engage in any kind of activity advocating or opposing the election of candidates for any public office.

(2) For the purposes of this section, "partisan or political purposes" means an act done with the intent or in a way to influence or tend to influence, directly or indirectly, any person to refrain from voting or to vote for or against any candidate for public office at any caucus, political convention, primary or election.

(e) In the application and construction of this section, fundamental distinctions between private and public employment shall be recognized, and no body of federal or state law applicable wholly or in part to private employment shall be regarded as binding or controlling precedent.

History: L. 1971, ch. 264, § 13; L. 2013, ch. 6, § 2; July 1.

Notes of Decisions
Cited in 10 cases, 1979–2010 · leading case: Fort Hays State Univ. v. Fort Hays State Univ. Chapter, 228 P.3d 403 (Kan. 2010).
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Fort Hays State Univ. v. Fort Hays State Univ. Chapter, 228 P.3d 403 (Kan. 2010). · cites it 12× “K.S.A. 75-4333 enumerates prohibited la *459 bor practices for public employers, public employees, and labor organizations.”
Kansas Bd. of Regents v. Pittsburg State Univ. Chapter, 667 P.2d 306 (Kan. 1983). · cites it 13× “75-4327( b ); K.S.A. 75-4333( b )(5) and ( c )(3). "Meet and confer in good faith" is defined in K.”
State, Dep't of Admin. v. Pub. Employees Relations Bd., 894 P.2d 777 (Kan. 1995). · cites it 3× “[Citation omitted.]” The presiding officer concluded that the savings clause was not a mandatory subject of bargaining; therefore, the savings clause could not be insisted upon by the KDA.”
Kansas City, Kansas Fraternal Order of Police, Lodge No. 4 v. City of Kansas City, 620 F. Supp. 752 (D. Kan. 1984). · cites it 3× “Our reading of the statute is further strengthened by K.S.A. 75-4333, which defines “prohibited practices” under the PERA.”
Fort Hays State Univ. v. Fort Hays State Univ. Chapter, 195 P.3d 259 (Kan. Ct. App. 2008). · cites it 4× “Prohibited practices are specifically defined at K.S.A. 75-4333, and any controversy concerning such practices may be submitted to PERB for hearing pursuant to KAPA.”
Behrmann v. Pub. Employees Relations Bd., 591 P.2d 173 (Kan. 1979). “After being dismissed by the City she filed a complaint with appellant alleging the City had engaged in a prohibited practice under K.S.A. 75-4333(b)(4). A hearing was held before the Board and an order was issued by the Board finding the City had engaged in a prohibited…”
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). “See K.S.A. 1972 Supp. 75-4333(c), expressing this policy with respect to the [PEERA].”
Pittsburg State Univ. v. Kansas Bd. of Regents, 122 P.3d 336 (Kan. 2005). “” K.S.A. 75-4333(b)(5). Additionally, K.S.A.”
Fhsu v. Aaup, 228 P.3d 403 (Kan. 2010). · cites it 12× “K.S.A. 75-4333 enumerates prohibited labor practices for public employers, public employees, and labor organizations.”
City of Kansas v. Carpenters Dist. Council, 699 P.2d 493 (Kan. 1985). “K.S.A. 75-4333(c)(5) makes it a prohibited practice for a public employee under the act to engage in a strike and thereby continues the common law relative thereto.”
— K.S.A. § 75-4333(b) — 2 cases
State, Dep't of Admin. v. Pub. Employees Relations Bd., 894 P.2d 777 (Kan. 1995). “[Citation omitted.]” The presiding officer concluded that the savings clause was not a mandatory subject of bargaining; therefore, the savings clause could not be insisted upon by the KDA.”
Fort Hays State Univ. v. Fort Hays State Univ. Chapter, 195 P.3d 259 (Kan. Ct. App. 2008). “Prohibited practices are specifically defined at K.S.A. 75-4333, and any controversy concerning such practices may be submitted to PERB for hearing pursuant to KAPA.”
— K.S.A. § 75-4333(b)(1) — 1 case
Fhsu v. Aaup, 228 P.3d 403 (Kan. 2010). “K.S.A. 75-4333 enumerates prohibited labor practices for public employers, public employees, and labor organizations.”
— K.S.A. § 75-4333(b)(2) — 2 cases
Fort Hays State Univ. v. Fort Hays State Univ. Chapter, 228 P.3d 403 (Kan. 2010). “K.S.A. 75-4333 enumerates prohibited la *459 bor practices for public employers, public employees, and labor organizations.”
Fhsu v. Aaup, 228 P.3d 403 (Kan. 2010). “K.S.A. 75-4333 enumerates prohibited labor practices for public employers, public employees, and labor organizations.”
— K.S.A. § 75-4333(b)(4) — 3 cases
Fort Hays State Univ. v. Fort Hays State Univ. Chapter, 228 P.3d 403 (Kan. 2010). “K.S.A. 75-4333 enumerates prohibited la *459 bor practices for public employers, public employees, and labor organizations.”
Behrmann v. Pub. Employees Relations Bd., 591 P.2d 173 (Kan. 1979). “After being dismissed by the City she filed a complaint with appellant alleging the City had engaged in a prohibited practice under K.S.A. 75-4333(b)(4). A hearing was held before the Board and an order was issued by the Board finding the City had engaged in a prohibited…”
Fhsu v. Aaup, 228 P.3d 403 (Kan. 2010). “K.S.A. 75-4333 enumerates prohibited labor practices for public employers, public employees, and labor organizations.”
— K.S.A. § 75-4333(b)(5) — 6 cases
Fort Hays State Univ. v. Fort Hays State Univ. Chapter, 228 P.3d 403 (Kan. 2010). “K.S.A. 75-4333 enumerates prohibited la *459 bor practices for public employers, public employees, and labor organizations.”
Kansas Bd. of Regents v. Pittsburg State Univ. Chapter, 667 P.2d 306 (Kan. 1983). “75-4327( b ); K.S.A. 75-4333( b )(5) and ( c )(3). "Meet and confer in good faith" is defined in K.”
State, Dep't of Admin. v. Pub. Employees Relations Bd., 894 P.2d 777 (Kan. 1995). “[Citation omitted.]” The presiding officer concluded that the savings clause was not a mandatory subject of bargaining; therefore, the savings clause could not be insisted upon by the KDA.”
Kansas City, Kansas Fraternal Order of Police, Lodge No. 4 v. City of Kansas City, 620 F. Supp. 752 (D. Kan. 1984). “Our reading of the statute is further strengthened by K.S.A. 75-4333, which defines “prohibited practices” under the PERA.”
Pittsburg State Univ. v. Kansas Bd. of Regents, 122 P.3d 336 (Kan. 2005). “” K.S.A. 75-4333(b)(5). Additionally, K.S.A.”
— K.S.A. § 75-4333(b)(6) — 2 cases
Fort Hays State Univ. v. Fort Hays State Univ. Chapter, 228 P.3d 403 (Kan. 2010). “K.S.A. 75-4333 enumerates prohibited la *459 bor practices for public employers, public employees, and labor organizations.”
Fhsu v. Aaup, 228 P.3d 403 (Kan. 2010). “K.S.A. 75-4333 enumerates prohibited labor practices for public employers, public employees, and labor organizations.”
— K.S.A. § 75-4333(b)(l) — 2 cases
Fort Hays State Univ. v. Fort Hays State Univ. Chapter, 228 P.3d 403 (Kan. 2010). “K.S.A. 75-4333 enumerates prohibited la *459 bor practices for public employers, public employees, and labor organizations.”
Kansas Bd. of Regents v. Pittsburg State Univ. Chapter, 667 P.2d 306 (Kan. 1983). “75-4327( b ); K.S.A. 75-4333( b )(5) and ( c )(3). "Meet and confer in good faith" is defined in K.”
— K.S.A. § 75-4333(c) — 3 cases
Fort Hays State Univ. v. Fort Hays State Univ. Chapter, 228 P.3d 403 (Kan. 2010). “K.S.A. 75-4333 enumerates prohibited la *459 bor practices for public employers, public employees, and labor organizations.”
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). “See K.S.A. 1972 Supp. 75-4333(c), expressing this policy with respect to the [PEERA].”
Fhsu v. Aaup, 228 P.3d 403 (Kan. 2010). “K.S.A. 75-4333 enumerates prohibited labor practices for public employers, public employees, and labor organizations.”
— K.S.A. § 75-4333(c)(2) — 1 case
Kansas Bd. of Regents v. Pittsburg State Univ. Chapter, 667 P.2d 306 (Kan. 1983). “75-4327( b ); K.S.A. 75-4333( b )(5) and ( c )(3). "Meet and confer in good faith" is defined in K.”
— K.S.A. § 75-4333(c)(3) — 1 case
Kansas Bd. of Regents v. Pittsburg State Univ. Chapter, 667 P.2d 306 (Kan. 1983). “75-4327( b ); K.S.A. 75-4333( b )(5) and ( c )(3). "Meet and confer in good faith" is defined in K.”
— K.S.A. § 75-4333(c)(5) — 1 case
City of Kansas v. Carpenters Dist. Council, 699 P.2d 493 (Kan. 1985). “K.S.A. 75-4333(c)(5) makes it a prohibited practice for a public employee under the act to engage in a strike and thereby continues the common law relative thereto.”
— K.S.A. § 75-4333(e) — 3 cases
Fort Hays State Univ. v. Fort Hays State Univ. Chapter, 228 P.3d 403 (Kan. 2010). “K.S.A. 75-4333 enumerates prohibited la *459 bor practices for public employers, public employees, and labor organizations.”
Fort Hays State Univ. v. Fort Hays State Univ. Chapter, 195 P.3d 259 (Kan. Ct. App. 2008). “Prohibited practices are specifically defined at K.S.A. 75-4333, and any controversy concerning such practices may be submitted to PERB for hearing pursuant to KAPA.”
Fhsu v. Aaup, 228 P.3d 403 (Kan. 2010). “K.S.A. 75-4333 enumerates prohibited labor practices for public employers, public employees, and labor organizations.”
— K.S.A. § 75-4333(h)(5) — 1 case
Kansas Bd. of Regents v. Pittsburg State Univ. Chapter, 667 P.2d 306 (Kan. 1983). “75-4327( b ); K.S.A. 75-4333( b )(5) and ( c )(3). "Meet and confer in good faith" is defined in K.”
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