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AN ACT concerning school districts, area vocational-technical schools and
  community colleges; relating to negotiations between boards of edu-
  cation and support service employees; amending K.S.A. 75-4322 and
  repealing the existing section.
Be it enacted by the Legislature of the State of Kansas:
  New Section 1.  As used in this act:
  (a)  ``Person'' means and includes individuals, organizations, associa-
tions, corporations, boards, committees, commissions, agencies, or rep-
resentatives thereof.
  (b)  ``Board of education'' means the board of education of any school
district, the board of control of any area vocational-technical school, and
the board of trustees of any community college.
  (c)  ``Support service employee'' means any employee of a board of
education other than a professional employee or an administrative em-
ployee.
  (d)  ``Professional employee'' has the meaning ascribed thereto in sub-
section (c) of K.S.A. 72-5413, and amendments thereto.
  (e)  ``Administrative employee'' has the meaning ascribed thereto in
subsection (d) of K.S.A. 72-5413, and amendments thereto.
  (f)  ``Support service employees' organization'' means any organiza-
tion, agency, committee, council or group of any kind in which support
service employees participate, and which exist for the purpose, in whole
or part, of engaging in negotiation with boards of education with respect
to the terms and conditions of support service.
  (g)  ``Representative'' means any support service employees' organi-
zation or any person it authorizes or designates to act in its behalf or any
person a board of education authorizes or designates to act in its behalf.
  (h)  ``Negotiation'' means meeting, conferring, consulting and dis-
cussing in a good faith effort by both parties to reach agreement with
respect to the terms and conditions of support service.
  (i)  ``Mediation'' means the effort through interpretation and advice
by an impartial third party to assist in reconciling a dispute concerning
terms and conditions of support service which arose in the course of
negotiation between a board of education or its representatives and rep-
resentatives of the recognized support service employees' organization.
  (j)  ``Fact-finding'' means the investigation by an individual or board
of a dispute concerning terms and conditions of support service which
arose in the course of negotiation, and the submission of a report by such
individual or board to the parties to such dispute which includes a deter-
mination of the issues involved, findings of fact regarding such issues, and
the recommendation of the fact-finding individual or board for resolution
of the dispute.
  (k)  ``Strike'' means an action taken for the purpose of coercing a
change in the terms and conditions of support service or the rights, priv-
ileges or obligations thereof, through any failure by concerted action with
others to report for duty including, but not limited to, any work stoppage,
slowdown, or refusal to work.
  (l)  ``Lockout'' means action taken by a board of education to provoke
interruptions of or prevent the continuity of work normally and usually
performed by support service employees for the purpose of coercing sup-
port service employees into relinquishing rights guaranteed by this act.
  (m)  ``Terms and conditions of support service'' means salaries and
wages, including substitute pay, shift differential pay, and pay for over-
time; hours and amounts of work; vacation allowance, holiday, sick, ex-
tended, and other leave, and number of holidays; retirement; insurance
benefits; wearing apparel; jury duty; grievance procedure, including bind-
ing arbitration of grievances; disciplinary procedure; resignations and ter-
mination of contracts; probationary period; employee evaluation; terms
and form of the individual employee contract; voluntary payroll deduction
of dues; use of school or college facilities; dissemination of information
regarding the negotiation process and related matters to members of the
bargaining unit at work sites and use of bulletin boards and school or
college mail system to the extent permitted by law; leaves of absence for
organizational representatives to engage in activities related to the rep-
resentation of negotiating unit members; and such other matters as the
parties agree are properly related to terms and conditions of employment.
  (n)  ``Secretary'' means the secretary of human resources or a designee
thereof.
  (o)  ``Statutory declaration of impasse date'' means June 1 in the cur-
rent school year.
  New Sec. 2.  Support service employees shall have the right to form,
join or assist support service employees' organizations, to participate in
negotiation with boards of education through representatives of their own
choosing for the purpose of establishing, maintaining, protecting or im-
proving terms and conditions of support service. Support service em-
ployees shall also have the right to refrain from any or all of the foregoing
activities. In negotiation under this act the board of education may be
represented by an agent or committee designated by the board.
  New Sec. 3.  (a) When a representative is designated or selected for
the purposes of negotiation by the majority of the support service em-
ployees in an appropriate negotiating unit, such representative shall be
the exclusive representative of all the support service employees in the
unit for such purpose.
  (b)  Nothing in this act shall be construed to prevent support service
employees, individually or collectively, from presenting or making known
their positions or proposals or both to a board of education, a superin-
tendent of schools or other chief executive officer employed by a board
of education.
  New Sec. 4.  (a) If support service employees of a board of education
are not represented by a support service employees' organization for the
purpose of negotiation, any support service employees' organization may
file a request with the board of education alleging that a majority of the
support service employees in an appropriate negotiating unit wish to be
represented for such purpose by such organization and asking the board
of education to recognize the organization as the exclusive representative
under section 3, and amendments thereto. Such request shall describe
the grouping of jobs or positions which constitute the unit claimed to be
appropriate and shall include a demonstration of majority support
through verified membership lists. Notice of such request shall immedi-
ately be posted by the board of education on a bulletin board at each
building or other facility in which members of the unit claimed to be
appropriate are employed.
  (b)  A request for recognition under subsection (a) shall be granted
by the board of education unless:
  (1)  The board of education has a good faith doubt as to the accuracy
or validity of the evidence demonstrating majority support; or
  (2)  another support service employees' organization files with the
board of education within 10 calendar days after the posting of notice of
the original request a competing request alleging majority support and
asking the board of education to recognize such other organization as the
exclusive representative; or
  (3)  one or more of the support service employees included in the unit
claimed to be appropriate files with the board of education within 10
calendar days after the posting of notice of the original request a com-
peting request alleging majority support and asking the board of educa-
tion to deny the request for recognition; or
  (4)  the board of education, within the previous 12 months, has law-
fully denied or withdrawn the recognition of a support service employees'
organization as the exclusive representative of the support service em-
ployees included in the unit claimed to be appropriate; or
  (5)  the secretary, within the previous 12 months, has conducted a
secret ballot election under the provisions of this act, and the election
resulted in a majority vote for no representation.
  New Sec. 5.  (a) A petition may be filed with the secretary, asking the
secretary to investigate and decide the question of whether (1) support
service employees in an appropriate negotiating unit have designated a
support service employees' organization for recognition as an exclusive
representative for purposes of section 3, and amendments thereto; (2) a
support service employees' organization which is the recognized exclusive
representative should be replaced by another support service employees'
organization; (3) recognition of a support service employees' organization
as the exclusive representative should be withdrawn.
  (b)  A petition under subsection (a) may be filed by:
  (1)  A board of education alleging that it has received a request for
exclusive recognition from a support service employees' organization and
has a good faith doubt as to the accuracy or validity of the claims made
in the request; or
  (2)  a support service employees' organization; or
  (3)  one or more support service employees seeking withdrawal of
recognition of a support service employees' organization as the exclusive
representative.
  New Sec. 6.  (a) Upon receipt of a petition under section 5, and
amendments thereto, and except as provided in subsection (b), the sec-
retary or a person or persons designated by the secretary may direct and
conduct a secret ballot election in order to decide the questions raised
by the petition.
  (b)  The secretary shall dismiss, without determining the questions
raised therein, any petition filed under section 5, and amendments
thereto, if:
  (1)  The petition is filed by a support service employees' organization
and is not supported by credible evidence that at least 30% of the support
service employees in the appropriate unit are members of the support
service employees' organization filing the petition; or
  (2)  the petition is filed by one or more support service employees,
asks the secretary to determine the question of whether recognition of a
support service employees' organization should be withdrawn, and is not
supported by credible evidence that at least 30% of the support service
employees in the appropriate unit support the request; or
  (3)  the board of education, within the previous 12 months, has law-
fully recognized a support service employees' organization other than the
petitioner as the exclusive representative of any support service employ-
ees included in the unit described in the petition; or
  (4)  the board of education, within the previous 12 months, has law-
fully denied or withdrawn the recognition of a support service employees'
organization as the exclusive representative of the support service em-
ployees included in the unit described in the petition; or
  (5)  the secretary, within the previous 12 months, has conducted and
certified the result of a secret ballot election under the provisions of this
act.
  New Sec. 7.  If the secretary does not dismiss a petition filed under
section 5, and amendments thereto, and determines that it is necessary
to direct and conduct a secret ballot election in order to resolve the ques-
tions raised by the petition, the secretary shall order the election held
and shall determine the eligibility of support service employees to vote
at the election. The secretary shall base a determination of the questions
raised by the petition upon the result favored by the majority of the
support service employees who vote at the election if at least a majority
of the eligible support service employees vote. If less than a majority of
the eligible support service employees vote at any election conducted
under this section, the status of the support service employees with regard
to representation prior to the election is maintained. The name of a sup-
port service employees' organization shall not appear on the ballot unless
  (a) the support service employees' organization has submitted to the sec-
retary satisfactory evidence demonstrating that at least 30% of the support
service employees in the appropriate unit are members in good standing
of such organization, or (b) the support service employees' organization
is the currently recognized exclusive representative. In addition to the
name of any support service employees' organization entitled to be con-
tained thereon, the ballot in the election shall contain the choice of ``no
representation.'' When an election in which the ballot contains three or
more choices results in no choice receiving a majority of the votes cast,
the secretary shall conduct a run-off election by secret ballot. The ballot
in a run-off election shall only provide for a selection between the two
choices receiving the largest and second largest number of votes in the
original election. The secretary shall certify the result of the election to
the parties involved therein.
  New Sec. 8.  In each case where the question is in issue, the secretary
shall decide, on the basis of the community of interest between and
among the support service employees of the board of education, the
wishes of the support service employees and the established practices
among the support service employees including, among other things, the
extent to which such support service employees have joined a support
service employees' organization, whether the unit appropriate for the pur-
poses of negotiation shall consist of all persons employed by the board of
education who are engaged in performing support services or performing
other duties of a similar nature, or some subdivision thereof.
  New Sec. 9.  (a) A board of education and an exclusive representative,
selected or designated under the provisions of this act, may enter into an
agreement covering terms and conditions of support service. The agree-
ment becomes binding when ratified by a majority of the members of the
board of education and a majority of the support service employees in
the applicable negotiating unit who vote on the question of ratification of
the agreement at an election conducted by the exclusive representative
if at least a majority of the support service employees in the negotiating
unit vote. If less than a majority of the support service employees vote
on the question of ratification, the election is void.
  (b)  Every support service employee in the applicable negotiating unit
who is to be absent from the place and at the time of the election may
vote an absentee ballot on the question of ratification of the agreement.
Upon written application by a support service employee for an absentee
ballot, the exclusive representative shall transmit to the support service
employee, in person or by mail to the address provided by the support
service employee in the application, a ballot, an unmarked envelope, a
larger envelope containing a space for the support service employee's
signature and addressed to the exclusive representative, and instructions
to the support service employee for casting the ballot. On receipt of an
application under this subsection, the exclusive representative shall pre-
pare and maintain a list of the names of support service employees who
have applied for absentee ballots. The returned envelopes shall be
checked against the list of names of applicants and the unmarked enve-
lopes containing the ballots shall be extracted. The unmarked ballot en-
velopes shall be opened and the absentee ballots shall be counted in the
same manner as ballots cast at the election.
  New Sec. 10.  Except as otherwise expressly provided herein, this act
shall not operate so as to annul, modify or preclude the renewal or con-
tinuation of any lawful agreement heretofore entered into between a
board of education and a support service employees' organization cov-
ering terms and conditions of support service.
  New Sec. 11.  (a) Nothing in this act shall be construed to change or
affect any right or duty conferred or imposed by law upon any board of
education, except that boards of education are required to comply with
this act in recognizing support service employees' organizations, and when
such an organization is recognized, the board of education and the sup-
port service employees' organization shall enter into negotiation on re-
quest of either party at any time during the school year prior to issuance
or renewal of contracts. Notices to negotiate on new items or to amend
an existing contract must be filed on or before February 1 in any school
year by either party, such notices shall be in writing and delivered to the
chief administrative officer of the board of education or to the represen-
tative of the bargaining unit and shall contain in reasonable and under-
standable detail the purpose of the new or amended items desired.
  (b)  Except as otherwise expressly provided in this subsection, every
meeting, conference, consultation and discussion between a support serv-
ice employees' organization or its representatives and a board of educa-
tion or its representatives during the course of negotiation and every
hearing conducted by the secretary under section 13, and amendments
thereto, for determination of the question of the existence of impasse is
subject to the provisions of the Kansas open meetings law.  Meetings,
conferences, consultations and discussions held by the secretary under
section 13, and amendments thereto, for investigation of the question of
the existence of impasse, and meetings, conferences, consultations and
discussions held during the course of and in connection with, and the
meeting required at the conclusion of, impasse resolution proceedings,
as provided for in sections 14 and 15, and amendments to such sections,
are specifically made exempt from the provisions of the Kansas open
meetings law.
  (c)  Nothing in this act shall be construed to authorize a strike by
support service employees.
  (d)  Any agreement lawfully made under the provisions of this act may
be adopted by reference and made a part of the employment contract
between any support service employee of the applicable negotiating unit
and a board of education for a period of not to exceed three years.
  New Sec. 12.  (a) A board of education and a support service em-
ployees' organization that enter into an agreement covering terms and
conditions of support service may include in such agreement procedures
for final and binding arbitration of such disputes as may arise involving
the interpretation, application or violation of such agreement.
  (b)  Where a party to such agreement is aggrieved by the failure, ne-
glect or refusal of the other party to proceed to arbitration in the manner
provided for in such agreement, such aggrieved party may file a complaint
in court for a summary action without jury seeking an order directing that
the arbitration proceed in the manner provided for in such agreement.
  New Sec. 13.  (a) If in the course of negotiation either the board of
education or the recognized support service employees' organization, or
both, believe that an impasse exists, either party individually or both par-
ties together may file a petition with the secretary, asking the secretary
to investigate and determine the question of whether an impasse exists
in negotiation and, if a finding that an impasse exists is made, to begin
impasse resolution procedures as provided in sections 14 and 15, and
amendments thereto. Within the five days immediately following the date
of filing, excluding Saturdays, Sundays and legal holidays, the secretary
shall begin investigation of the question raised by the petition and in order
to determine the question may meet with the parties or their represen-
tatives or both, either jointly or separately, and may hold such confer-
ences, consultations and discussions therewith as the secretary deems
necessary. If the secretary decides on the basis of the investigation that a
hearing is necessary to determine the question, the secretary shall con-
duct the hearing immediately in accordance with the provisions of the
Kansas administrative procedure act.
  (b)  If the secretary finds that no impasse exists in negotiation between
the parties, the secretary shall order the parties to continue negotiation.
  (c)  If the secretary finds that an impasse exists in negotiation between
the parties, the secretary shall begin impasse resolution procedures in
accordance with sections 14 and 15, and amendments thereto.
  (d)  Notwithstanding the foregoing provisions of this section, an im-
passe is deemed to exist if the board of education and the recognized
support service employees' organization have not reached agreement with
respect to the terms and conditions of support service by the statutory
declaration of impasse date and, on such date, the parties shall jointly file
a notice of the existence of impasse with the secretary. Upon receipt of
such joint notice, the secretary shall begin impasse resolution procedures
in accordance with sections 14 and 15, and amendments thereto.
  (e)  Nothing in this act shall be construed or applied in any manner
so as to prevent the parties from voluntarily engaging in negotiation dur-
ing the course, or at the conclusion, of impasse resolution proceedings.
  New Sec. 14.  (a) Upon finding that an impasse exists in negotiation
or upon receipt of a joint notice of the existence of impasse filed by the
parties under subsection (d) of section 13, and amendments thereto, the
secretary shall appoint forthwith a mediator to assist in resolving the im-
passe, from a list maintained by the secretary of qualified and impartial
individuals who are representative of the public. To the extent practicable,
the secretary shall utilize the services of the federal mediation and con-
ciliation service for mediation under this section.
  (b)  The mediator shall meet with the parties or their representatives,
or both, either jointly or separately, and shall take such other steps as
appropriate in order to assist the parties to resolve the impasse and to
proceed with negotiation.
  (c)  If either party determines, after the seven-day period immediately
succeeding the appointment of the mediator, that mediation has failed to
resolve the impasse, such party may within 10 days after the unsuccessful
conclusion of mediation file a written request with the secretary to ap-
point a fact-finding board to assist in resolving the impasse and the sec-
retary shall immediately notify the other party of the request. Within
three days thereafter, each of the parties shall prepare and submit to the
secretary a written memorandum containing a description of the issues
upon which the impasse exists and shall include therein a specific de-
scription of the final position of the party on each issue.
  New Sec. 15.  (a) Upon receipt of a written request filed by either
party under section 14, and amendments thereto, and upon notification
of the other party of the request, the secretary shall appoint forthwith a
fact-finding board of not more than three members and shall notify the
parties of the appointment. Members of the fact-finding board shall be
appointed from a list maintained by the secretary of qualified and impar-
tial individuals who are representative of the public. The individual who
was appointed as the mediator under section 14, and amendments
thereto, to assist in resolving the impasse, shall not be appointed to the
fact-finding board for such impasse.
  (b)  Upon appointment of the fact-finding board and prior to any
meeting of the board with the parties, the secretary shall submit the
memorandum required to be prepared and submitted by each party un-
der section 14, and amendments thereto, to the other party and to the
fact-finding board. The fact-finding board shall meet with the parties or
their representatives, or both, either jointly or separately, and may make
such inquiries and investigations and hold such hearings on the issues
upon which the impasse exists, as the fact-finding board may deem ap-
propriate.
  (c)  For the purpose of conducting inquiries, investigations and hear-
ings, the fact-finding board shall have the power to administer oaths and
affirmations, examine witnesses and documents, take testimony and re-
ceive evidence and compel attendance of witnesses and the production
of documents by the issuance of subpoenas. In the event of refusal to
obey a subpoena on the part of any person or persons, the fact-finding
board shall have authority to bring an action to enforce the subpoena in
a court of competent jurisdiction.
  (d)  On the basis of the inquiries, investigations and hearings, the fact-
finding board shall determine the issues upon which the impasse exists,
make findings of fact regarding the issues and shall make recommenda-
tions for resolution of the impasse. Within 10 days after appointment, the
fact-finding board shall submit privately and on the same date to the
secretary and to each of the parties, the written report of the fact-finding
board containing the findings of fact and the recommendation of the fact-
finding board, except that such ten-day period may be extended by agree-
ment of the parties not to exceed a maximum of seven additional days.
The recommendation of the fact-finding board shall not be binding on
either the board of education or the recognized support service employ-
ees' organization.
  (e)  Within the 10 days immediately after receipt of the report of the
fact-finding board, the parties shall meet at least once in an effort to reach
agreement for resolution of the impasse. Either the board of education
or the support service employees' organization may make public the re-
port of the fact-finding board. The secretary shall make the report public
10 days after receipt of the report unless (1) the board of education and
the recognized support service employees' organization agree to an ex-
tension of the ten-day period and give notice of such agreement to the
secretary in which case, subject to provision (2), the report shall be made
public by the secretary upon the expiration of such extended period of
days, except that such ten-day period shall not be extended by the parties
beyond a maximum of seven additional days; or (2) the board of education
and the recognized support service employees' organization notify the
secretary at any time prior to the expiration of the applicable period of
days that agreement for resolution of the impasse has been reached.
  (f)  When the report of the fact-finding board is made public, if the
board of education and the recognized support service employees' organ-
ization do not resolve the impasse and reach an agreement, the board of
education shall take such action as it deems in the public interest, in-
cluding the interest of the professional employees involved, and shall
make such action public.
  New Sec. 16.  No board of education, which engages in negotiation
with representatives of a recognized support service employees' organi-
zation, is permitted to issue a unilateral contract until the negotiation
process as described in this act is fully completed.
  New Sec. 17.  All of the costs incurred for mediation and fact-finding
shall be borne equally by the board of education and the support service
employees' organization involved therein. The payment of such costs shall
be at such time and in such manner as is determined by the secretary.
  New Sec. 18.  (a) The commission of any prohibited practice, as de-
fined in this section, among other actions, shall constitute evidence of bad
faith in negotiation.
  (b)  It shall be a prohibited practice for a board of education or its
designated representative willfully to:
  (1)  Interfere with, restrain or coerce support service employees in
the exercise of rights granted in section 2;
  (2)  dominate, interfere or assist in the formation, existence, or ad-
ministration of any support service employees' organization;
  (3)  discriminate in regard to hiring or any term or condition of em-
ployment to encourage or discourage membership in any support service
employees' organization;
  (4)  discharge or discriminate against any support service employee
because such support service employee has filed any affidavit, petition or
complaint or given any information or testimony under this act, or be-
cause such support service employee has formed, joined or chosen to be
represented by any support service employees' organization;
  (5)  refuse to negotiate in good faith with representatives of recog-
nized support service employees' organizations as required in section 11;
  (6)  deny the rights accompanying recognition of a support service
employees' organization which are granted in section 3;
  (7)  refuse to participate in good faith in the mediation as provided in
section 14 or fact-finding efforts as provided in section 15 or arbitration
pursuant to an agreement entered into under section 12; or
  (8)  institute or attempt to institute a lockout.
  (c)  It shall be a prohibited practice for support service employees or
support service employees' organizations or their designated represen-
tatives willfully to:
  (1)  Interfere with, restrain or coerce support service employees in
the exercise of rights granted in section 2;
  (2)  interfere with, restrain or coerce a board of education with respect
to rights or duties which are reserved thereto under section 11, or with
respect to selecting a representative for the purpose of negotiation or the
adjustment of grievances;
  (3)  refuse to negotiate in good faith with the board of education or
its designated representatives as required in section 11;
  (4)  refuse to participate in good faith in the mediation as provided in
section 14 or fact-finding efforts as provided in section 15 or arbitration
pursuant to an agreement entered into under section 12; or
  (5)  authorize, instigate, aid or engage in a strike or in picketing of any
facility under the jurisdiction and control of the board of education.
  New Sec. 19.  (a) Any controversy concerning prohibited practices
may be submitted to the secretary. Proceedings against the party alleged
to have committed a prohibited practice shall be commenced within six
months of the date of the alleged practice by service upon it by the sec-
retary of a written notice, together with a copy of the charges. The ac-
cused party shall have 20 days within which to serve a written answer to
the charges, unless the secretary determines an emergency exists and
requires the accused party to serve a written answer to the charges within
24 hours of receipt. Hearings on prohibited practices shall be conducted
in accordance with the provisions of the Kansas administrative procedure
act. If the secretary determines an emergency exists, the secretary shall
follow the procedures contained in K.S.A. 77-536, and amendments
thereto. A strike or lockout shall be construed to be an emergency.
  (b)  The secretary shall either dismiss the complaint or determine that
a prohibited practice has been or is being committed, and shall enter a
final order granting or denying in whole or in part the relief sought. Any
action of the secretary pursuant to this subsection is subject to review and
enforcement in accordance with the act for judicial review and civil en-
forcement of agency actions. Venue of the action for review is the judicial
district where the principal offices of the pertinent board of education
are located.
  The action for review shall be by trial de novo with or without a jury
in accordance with the provisions of K.S.A. 60-238, and amendments
thereto, and the court may, in its discretion, permit any party or the
secretary to submit additional evidence on any issue. The action for review
shall be heard and determined by the court as expeditiously as possible.
  (c)  If there is an alleged violation of either subsection (b)(8) or (c)(5)
of section 18, the aggrieved party or the secretary is authorized to seek
relief in district court.
  New Sec. 20.  Except as otherwise expressly provided in this act,
nothing in this act shall operate so as to annul or modify any existing
agreement between a board of education and a support service employ-
ees' organization under the law in effect on the day immediately preced-
ing the effective date of this act.
  New Sec. 21.  (a) The secretary of human resources may adopt such
rules and regulations as are necessary to implement and administer the
provisions of this act which place specific duties and responsibilities upon
the secretary.
  (b)  The secretary of human resources has the power to issue sub-
poenas requiring the attendance of any witnesses and the production of
any records, books, papers and documents that the secretary considers
necessary to implement and administer the provisions of this act which
place specific duties and responsibilities upon the secretary. In the event
of refusal to obey a subpoena on the part of any person or persons, the
secretary shall have the authority to bring an action to enforce the sub-
poena in a court of competent jurisdiction.
  New Sec. 22.  If any provision of this act shall be held invalid, other
provisions of this act shall not be affected thereby.
  Sec. 23.  K.S.A. 75-4322 is hereby amended to read as follows: 75-
4322. As used in this act:
  (a)  ``Public employee'' means any person employed by any public
agency, except those persons classed as supervisory employees, profes-
sional 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 per-
forms different work from his subordinates, having authority, in the in-
terest 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 agree-
ment may provide for a definition of ``supervisory employees'' as an al-
ternative 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 respon-
sibilities 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 ex-
ercise 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 subsec-
tion, and is performing related work under the supervision of a profes-
sional 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 per-
son 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) (1)  ``Public agency'' or ``public employer'' means every govern-
mental 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. This provision is subject to provision
  (2).
  (2)  The terms public agency and public employer do not include any
unified school district or community college.
  (g)  ``Governing body'' means the legislative body, policy board or
other authority of the public employer possessing legislative or policy-
making 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 a 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 chairperson of the board of county commissioners; for cit-
ies, 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 organi-
zation 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 rep-
resentative 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 en-
deavor 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 gov-
erning 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 rep-
resentatives of the public agency and recognized employee organizations
through interpretation and advice.
  (p)  ``Fact-finding'' means investigation of such a dispute by an indi-
vidual, panel, or board with the fact-finder submitting a report to the
parties describing the issues involved; the report shall contain recom-
mendations 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 im-
partial 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 ap-
parel, premium pay for overtime, shift differential pay, jury duty and
grievance procedures, but nothing in this act shall authorize the adjust-
ment 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 em-
ployee, 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 submis-
sion 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.
  Sec. 24.  K.S.A. 75-4322 is hereby repealed.
  Sec. 25.  This act shall take effect and be in force from and after its
publication in the statute book.