Kansas Administrative Code

Affidavit of compliance. Imme- diately following the conclusion of balloting and prior to tabulating and counting of the ballots both interested parties, by responsible officers or officials of each, shall file an affidavit of com- pliance which affidavit shall be prepared and fu…

Results forwarded to commis- sioner; contested ballot procedure. After said affidavit of compliance has been mailed or deliv- ered the parties shall then jointly count and tab- ulate the ballots. The results of said counting of ballots shall be certified to by both parties with a…

Savings clause. Should any sec- tion, subsection, sentence, clause, phrase, provi- sion, or exemption of these rules and regulations be declared invalid for any reason, such invalidity shall not affect the remaining portions or provi- sions hereof. (Authorized by K.S.A. 44-802(3)…

(Authorized by K.S.A. 1970 Supp. 44-1102, 44-1104; effective, E-70-43, Sept. 23, 1970;effectiveJan.1,1971;revokedMay1,1979.) 49-14-1 to 49-14-4. (Authorized by K.S.A. 1970 Supp. 44-1104; effective, E-70-43, Sept. 23, 1970; effective Jan. 1, 1971; revoked May 1, 1979.)

Investigation. The commissioner will not investigate charges when the parties are bound to the terms of a written agreement for the 587 Wage Payments and Procedures for Enforcement 49-20-1 term of the agreement or July 1, 1973; whichev- er first occurs; or unless the legislature …

Suit by commissioner, when. Suits for restraint of violations of section 3 [K.S.A. 1970 Supp. 44-1103] of the act will not be main- tained by the labor commissioner unless the com- missioner has determined that a practice exists in an establishment of discrimination affecting a g…

Wages and wage rates. Retain all records including personal identifying infor- mation including name, age, address and gender. Record regular rate of pay and hourly rate when overtime hours are worked. Record total overtime excess compensation. Record total wages paid. Date of pa…

Posting of notice. Every employer shall post the notice prescribed by the commis- sioner in a conspicuous place in every establish- ment where such employees are employed so they may readily observe the copy on the way to or from place of employment. (Authorized by K.S.A. 1970 Su…

Preserve for two years. From last date of entry, all those payroll or other records containing the payroll information and data con- cerning wages and wage rates, payment in kind and any other benefits and copies of collective bargaining agreements, plans, trusts, employment cont…

(Authorized by K.S.A. 1970 Supp. 44-1104; effective, E-70-43, Sept. 23, 1970; effec- tive Jan. 1, 1971; revoked May 1, 1979.) RULES AND REGULATIONS

(Authorized by K.S.A. 1970 Supp. 44-1104; effective, E-70-43, Sept. 23, 1970; effec- tive Jan. 1, 1971; revoked May 1, 1979.) RULES AND REGULATIONS

(Authorized by K.S.A. 1970 Supp. 44-1104; effective, E-70-43, Sept. 23, 1970; effec- tive Jan. 1, 1971; revoked May 1, 1979.) AMENDMENT AND RESCISSION

(Authorized by K.S.A. 44-1104; ef- fective, E-70-43, Sept. 23, 1970; effective Jan. 1, 1971; revoked May 1, 1979.) AND PROCEDURES FOR ENFORCEMENT

(Authorized by K.S.A. 44-902, 44- 904; effective Jan. 1, 1966; amended, E-67-20, Sept. 28, 1967; amended Jan. 1, 1968; revoked May 1, 1979.) (BOILER INSPECTION)

Definitions. (a) Authorized deduc- tions, “accruing to the benefit of the employee”, as used in K.S.A. 44-319(a)(3), shall mean deduc- tions from an employee’s pay for which the em- ployer has received a signed authorization from the employee for lawful deductions that do not in …

(Authorized by K.S.A. 44-319, 44- 321, K.S.A. 1977 Supp. 44-313, 44-325; effective, E-73-23,July7,1973;effectiveJan.1,1974;revoked, E-78-38, Dec. 29, 1977; revoked May 1, 1978.)

Filing of complaints. (a) Any com- plainant may file a claim, stating the details of the alleged nonpayment of earned wages, on official forms of the division of labor-management rela- tions and employment standards. Any claim or claims filed by an attorney on behalf of the emplo…

Processing claims. (a) Service of claim. A copy of the claim shall be mailed to the employer by United States mail. (b) Investigation. (1) The investigator shall determine that each claim is within jurisdiction of the Kansas wage payment statutes to the best extent possible prior…

Hearings. (a) Authority of the hearing officer. (1) The hearing officer shall be appointed by the secretary and shall have the power and au- thority, in conducting hearings in the name of the secretary, as provided in K.S.A. 44-322: (A) To administer oaths and examine witnesses u…

Reciprocal enforcement agree- ment with other states. The secretary of human resources may enter into agreement with other states to collect wages from out-of-state employ- ers, and to perform reciprocal services in the state of Kansas for those other states, as follows: (a) To t…

Definitions. (a) “Act” means the professional negotiations act, as defined in K.S.A. 72-5413 et seq. and amendments thereto. (b) Computation of time. Whenever the time limit in these rules, for any act, is seven days or more, Saturdays, Sundays and legal holidays shall be include…

(Authorized by K.S.A. 72-5413 et seq.; effective, E-78-37, Dec. 29, 1977; effective May 1, 1978; revoked, E-81-38, Dec. 10, 1980; re- voked May 1, 1981.) 49-23-2 and 49-23-3. (Authorized by K.S.A. 72-5416 to 72-5418; effective, E-78-37, Dec. 29, 1977; effective May 1, 1978; revok…

Notification of recognition. (a) All boards of education shall be required to file with the secretary, on a form to be provided by the secretary, annual notification of the status of recognition of any recognized employee organi- zation, a description of the appropriate unit and …

Service of papers. (a) Petitions, complaints and other papers filed with the secre- tary shall be served by personal service, by certi- fied mail, by telegraph or by leaving a copy thereof in the office or place of business of the person to be served. (1) If service is by persona…

Petition filing. (a) A petition form to be provided by the secretary, may be filed with the secretary by a professional employee organi- zation, board of education, or a professional em- ployee for the following purposes: (1) Unit determination; (2) Representation election; (3) I…

Hearings, procedures. (a) Notice of hearing. (1) Following the filing of a petition, complaint or other paper with the secretary, if it appears to the secretary that a hearing is authorized and war- ranted, the secretary shall fix a time and place for a hearing and shall notify e…

(Authorized by K.S.A. 72-5417 to 72-5420; effective, E-78-37, Dec. 29, 1977; ef- fective May 1, 1978; revoked, E-81-38, Dec. 10, 1980; revoked May 1, 1981.)

Determining appropriate units. Petitions for unit determination may be filed by a board of education, professional employee organi- zation, or a professional employee(s). In the event a board of education has recognized a profession- al employee organization, unit determination o…

Absentee ballots. Absentee bal- lots shall be available from the secretary upon written request by an eligible voter showing good and proper cause for obtaining the ballot. The secretary shall rule on the sufficiency of the cause and shall prescribe the method and timeliness of a…

Tally of balloting, objections. (a) A tally of ballots shall be made by the election agent immediately following the closing of the polls except in the case of unresolved challenged ballots. A tally sheet shall be furnished to all par- ties to the election. (b) Each party to the …

Certification of election re- sults. (a) Certification. The secretary shall issue to the parties a certification of the results of the elections, including certification of the represen- tative, if appropriate. All professional employ- ee organizations shall be certified as of th…

(Authorized by K.S.A. 72-5417 to 72-5419; effective, E-78-37, Dec. 29, 1977; ef- fective May 1, 1978; revoked, E-81-38, Dec. 10, 1980; revoked May 1, 1981.)

Eligibility and conditions. A pe- tition may be filed by a professional employees’ organization, board of education, or professional employees requesting the secretary to investigate and rule on the question(s) raised by a petition. (a) The secretary shall investigate all the que…

Membership lists, petition. (a) Evidence of membership shall be by verified membership list. Showing of interest may be by petition or authorization cards. A petition shall name the board of education, shall show the em- ployee’s address, and shall be signed and dated by the prof…

Listing of employees. (a) Upon the filing of a petition with the secretary request- ing a certification or decertification election, the secretary shall request, in writing, the appropriate board of education to furnish the secretary an al- phabetical listing of all employees wit…

Notice of election. (a) At least fif- teen (15) days prior to an election, the secretary shall cause a notice of election and sample ballot to be posted in conspicuous areas where profes- sional employees in the affected unit assemble. (b) A motion for intervention for representa…

Procedure. (a) All elections shall be bysecretballotandshallbeconductedattimesand places and in a manner prescribed by the secretary. All elections shall be conducted by the secretary or a designated agent of the secretary. Determina- tions by the secretary on any question regard…

Observers, eligibility, challenged ballots. (a) Each organization named on a ballot and the board of education shall be entitled to be represented by an observer at each polling place. Observers for each organization shall be a profes- sional employee eligible to vote, and the bo…

(Authorized by K.S.A. 72-5413 et seq.; effective, E-78-37, Dec. 29, 1977; effective May 1, 1978; revoked, E-81-38, Dec. 10, 1980; re- voked May 1, 1981.)

Petition; contents. (a) A petition for impasse declaration shall state: (1) Name, address, telephone number, and rep- resentative to contact for both the recognized em- ployee organization and the board of education; (2) Approximate number of employees in unit; (3) Number of nego…

Determination of impasse; du- ties of secretary. (a) If the secretary determines that an impasse exists, the secretary shall: (1) If a federal mediator is available, appoint a mediator from the federal mediation and concili- ation service; or (2) If a federal mediator is not avai…

Mediator authority. The mediator may hold separate or joint meetings with the par- ties or their representatives, but any meeting shall be private and non-public. The meetings shall be conducted at the time and place determined by the mediator. (Authorized by K.S.A. 72-5432; im- …

Costs incurred in mediation. When the impasse is resolved or when a fact- finding board is appointed, the secretary shall submit a statement to the parties for the costs in- curred by the appointment and service of a medi- ator. (Authorized by K.S.A. 72-5432; implement- ing K.S.A…

(Authorized by K.S.A. 72-5413 et seq.; effective, E-78-37, Dec. 29, 1977; effective May 1, 1978; revoked, E-81-38, Dec. 10, 1980; re- voked May 1, 1981.)

Failure to resolve impasse; ap- pointment of fact-finding board. (a) If a board of education or a recognized employee organiza- tion determines, after the seven (7) day period following the appointment of the mediator, that mediation has failed to resolve an impasse, the board of…

Request for fact-finding. (a) A re- quest for the appointment of a fact-finding board shall be in writing and may be filed with the sec- retary by either party. Both parties to the impasse 598 DEPARTMENT OF LABOR 49-27-4 shall be granted three (3) days from receipt of a written n…

Fact-finder requirements. (a) The person or persons appointed by the secretary to serve as a fact-finding board shall notify the sec- retary of the date, time and location of the first meeting with the parties at impasse. (b) The person or persons appointed by the sec- retary to …

Who may file. An allegation of a violation of K.S.A. 72-5430 may be filed with the secretary by a board of education, professional employee organization, or a professional employ- ee. (Authorized by K.S.A. 72-5432; implementing K.S.A. 72-5430; effective, E-81-38, Dec. 10, 1980; e…

Form and filing, content. (a) Complaintformsshallbeprovidedbythesecretary. (b) An answer filed by a party accused of a pro- hibited practice shall contain the following: (1) A specific admission, denial, or explanation of each allegation of the complaint, or if the an- swering pa…

(Authorized by K. S.A. 44-902, 44- 904; effective Jan. 1, 1966; amended, E-67-20, Sept. 28, 1967; amended Jan. 1, 1968; revoked May 1, 1979.) 49-3-2 to 49-3-17. (Authorized by K.S.A. 44-901, 44-902, 44-904, 44-906; effective Jan. 1, 1966; revoked May 1, 1979.) (BOILER INSPECTION)…