72-2223. Same; election; summary dismissal of petition, when.

282 words·~1 min read·/ks/chapter-72/72-2223

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)Upon receipt of a petition under K.S.A. 72-2222 and except as provided in subsection (b), the secretary 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 K.S.A. 72-2222 , if:

(1)The petition is filed by a professional employees' organization and is not supported by credible evidence that at least thirty percent (30%) of the professional employees in the appropriate unit are members of the professional employees' organization filing the petition; or

(2)the petition is filed by one or more professional employees, asks the secretary to determine the question of whether recognition of a professional employees' organization should be withdrawn, and is not supported by credible evidence that at least thirty percent (30%) of the professional employees in the appropriate unit support the request; or

(3)the board of education, within the previous twelve

(12)months, has lawfully recognized a professional employees' organization other than the petitioner as the exclusive representative of any professional employees included in the unit described in the petition; or

(4)the board of education, within the previous twelve

(12)months, has lawfully denied or withdrawn the recognition of a professional employees' organization as the exclusive representative of the professional employees included in the unit described in the petition; or

(5)the secretary, within the previous twelve

(12)months, has conducted and certified the result of a secret ballot election under the provisions of this act, or the act of which this section is amendatory.