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67C.406 Activities prohibited and duty to bargain in good faith.

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Download pdfLoading PDF... var pdf_url = 'http://law.justia.com/codes/kentucky/2009/067C00/pdf/406.pdf'; $(document).ready(function() { var embedwindow = $("#embed_document"); if ($.browser.msie){ embedwindow.html(''); } else { embedwindow.html(''); } }); Page 1 of 1 67C.406 Activities prohibited and duty to bargain in good faith. (1)Consolidated local governments, their representatives, or their agents are prohibited from: (a)Interfering, restraining, or coercing police officers in the exercise of the rights guaranteed in KRS 67C.402; (b)Dominating or interfering with the formation, existence, or administration of any labor organization; (c)Discriminatinginregardtohiringortenureofemploymentoranytermor condition of employment to encourage or discourage membership in any labor organization;provided that nothing inthis section, or in any other statute of thisstate,shallprecludeaconsolidatedlocalgovernmentfrommakingan agreement with a labor organization to require as a condition of employment membershipthereinonorafterthethirtiethdayfollowingthebeginningof that employment or on the effective date of the agreement, whichever is the later; (d)Dischargingorotherwisediscriminatingagainstanemployeebecauseheor shehassignedorfiledanyaffidavit,petition,orcomplaintorgivenany information or testimony under this section; or (e)Refusing to bargain collectively in good faith with a labor organization which is the exclusive representative of employees in an appropriate unit, including butnotlimitedtothediscussingofgrievanceswiththeexclusive representative. (2)Labor organizations or their agents are prohibited from: (a)Restraining or coercing: 1. Police officers in the exercise of the right guaranteed in KRS 67C.402; and 2. A consolidated local government in the selection of a representative for the purposes of collective bargaining or the adjustment of grievances; or (b)Refusingtobargaincollectivelyingoodfaithwithaconsolidatedlocal government, if they have been designated in accordance with the provisions of this section as the exclusive representative of police officers in an appropriate unit. (3)For the purposes of this section, to bargain collectively is to carry out in good faith themutualobligationoftheparties,ortheirrepresentatives;tomeettogetherat reasonable times, including meetings in advance of the budget-making process; to negotiateingoodfaithwithrespecttowages,hours,andotherconditionsof employment; to negotiate an agreement; to negotiate any question arising under any agreement; and to execute a written contract incorporating any agreement reached, if requested by either party. The obligation shall not be interpreted to compel either party to agree to a proposal, or require either party to make a concession. Effective:July 13, 2004 History:Created 2004 Ky. Acts ch. 101, sec. 4, effective July 13, 2004.
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    Page 1 of 1 67C.406 Activities prohibited and duty to bargain in good faith. (1) Consolidated local governments, their representatives, or their agents are prohibited from:
    (a) Interfering, restraining, or coercing police officers in the exercise of the rights guaranteed in KRS 67C.402; (b) Dominating or interfering with the formation, existence, or administration of any labor organization; (c) Discriminating in regard to hiring or tenure of employment or any term or condition of employment to encourage or discourage membership in any labor
    organization; provided that nothing in this section, or in any other statute of
    this state, shall preclude a consolidated local government from making an
    agreement with a labor organization to require as a condition of employment
    membership therein on or after the thirtieth day following the beginning of
    that employment or on the effective date of the agreement, whichever is the
    later; (d) Discharging or otherwise discriminating against an employee because he or she has signed or filed any affidavit, petition, or complaint or given any
    information or testimony under this section; or (e) Refusing to bargain collectively in good faith with a labor organization which is the exclusive representative of employees in an appropriate unit, including
    but not limited to the discussing of grievances with the exclusive
    representative. (2) Labor organizations or their agents are prohibited from: (a) Restraining or coercing: 1. Police officers in the exercise of the right guaranteed in KRS 67C.402;
    and 2. A consolidated local government in the selection of a representative for
    the purposes of collective bargaining or the adjustment of grievances; or (b) Refusing to bargain collectively in good faith with a consolidated local government, if they have been designated in accordance with the provisions of
    this section as the exclusive representative of police officers in an appropriate
    unit. (3) For the purposes of this section, to bargain collectively is to carry out in good faith the mutual obligation of the parties, or their representatives; to meet together at
    reasonable times, including meetings in advance of the budget-making process; to
    negotiate in good faith with respect to wages, hours, and other conditions of
    employment; to negotiate an agreement; to negotiate any question arising under any
    agreement; and to execute a written contract incorporating any agreement reached,
    if requested by either party. The obligation shall not be interpreted to compel either
    party to agree to a proposal, or require either party to make a concession. Effective: July 13, 2004
    History: Created 2004 Ky. Acts ch. 101, sec. 4, effective July 13, 2004.

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