72-5418.Same; election; summary dismissal of petition, when.(a) Upon receipt of a petition under K.S.A. 72-5417 and except as providedin subsection (b), thesecretary or a person or persons designated by the secretary may directand conduct a secret ballot election in order to decide the questionsraised by the petition.
(b) The secretary shalldismiss, without determining the questions raised therein, any petitionfiled under K.S.A.72-5417, if:
(1) The petition is filed by a professional employees' organization andis not supported by credible evidence that at leastthirty percent (30%) of the professional employees in the appropriateunit are members of the professional employees' organization filing the petition; or
(2) the petition is filed by one or more professional employees, asksthe secretary to determine the question of whether recognition of a professionalemployees' organization should be withdrawn, and is not supported by credibleevidence that at least thirty percent (30%) of the professional employeesin the appropriate unit support the request; or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 otherthan the petitioner as the exclusive representative of any professionalemployees included in the unit described in the petition; or
(4) the board of education, within the previous twelve (12) months, haslawfully denied or withdrawn the recognition of a professional employees'organization as the exclusive representative of the professional employeesincluded in the unit described in the petition; or
(5) the secretary, within the previous twelve (12) months, has conductedand certified the result of a secret ballot election under the provisionsof this act, or the act of which this section is amendatory.
History: L. 1970, ch. 284, § 6; L. 1977, ch. 248, § 4; L. 1980,ch. 220, § 5; July 1.
72-5418.Same; election; summary dismissal of petition, when.(a) Upon receipt of a petition under K.S.A. 72-5417 and except as providedin subsection (b), thesecretary or a person or persons designated by the secretary may directand conduct a secret ballot election in order to decide the questionsraised by the petition.
(b) The secretary shalldismiss, without determining the questions raised therein, any petitionfiled under K.S.A.72-5417, if:
(1) The petition is filed by a professional employees' organization andis not supported by credible evidence that at leastthirty percent (30%) of the professional employees in the appropriateunit are members of the professional employees' organization filing the petition; or
(2) the petition is filed by one or more professional employees, asksthe secretary to determine the question of whether recognition of a professionalemployees' organization should be withdrawn, and is not supported by credibleevidence that at least thirty percent (30%) of the professional employeesin 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 otherthan the petitioner as the exclusive representative of any professionalemployees included in the unit described in the petition; or
(4) the board of education, within the previous twelve (12) months, haslawfully denied or withdrawn the recognition of a professional employees'organization as the exclusive representative of the professional employeesincluded in the unit described in the petition; or
(5) the secretary, within the previous twelve (12) months, has conductedand certified the result of a secret ballot election under the provisionsof this act, or the act of which this section is amendatory.
History: L. 1970, ch. 284, § 6; L. 1977, ch. 248, § 4; L. 1980,ch. 220, § 5; July 1.
72-5418.Same; election; summary dismissal of petition, when.(a) Upon receipt of a petition under K.S.A. 72-5417 and except as providedin subsection (b), thesecretary or a person or persons designated by the secretary may directand conduct a secret ballot election in order to decide the questionsraised by the petition.
(b) The secretary shalldismiss, without determining the questions raised therein, any petitionfiled under K.S.A.72-5417, if:
(1) The petition is filed by a professional employees' organization andis not supported by credible evidence that at leastthirty percent (30%) of the professional employees in the appropriateunit are members of the professional employees' organization filing the petition; or
(2) the petition is filed by one or more professional employees, asksthe secretary to determine the question of whether recognition of a professionalemployees' organization should be withdrawn, and is not supported by credibleevidence that at least thirty percent (30%) of the professional employeesin 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 otherthan the petitioner as the exclusive representative of any professionalemployees included in the unit described in the petition; or
(4) the board of education, within the previous twelve (12) months, haslawfully denied or withdrawn the recognition of a professional employees'organization as the exclusive representative of the professional employeesincluded in the unit described in the petition; or
(5) the secretary, within the previous twelve (12) months, has conductedand certified the result of a secret ballot election under the provisionsof this act, or the act of which this section is amendatory.
History: L. 1970, ch. 284, § 6; L. 1977, ch. 248, § 4; L. 1980,ch. 220, § 5; July 1.
