Rights of employees

44-803. Rights of employees. Employees shall have the right to self-organization, to form, join, or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in concerted activities, for the purpose of collective bargaining or other mutual aid or protection, and such employees shall also have the right to refrain from any or all such activities. History: L. 1943, ch. 191, § 2; May 1. Law Review and Bar Journal References: Mentioned in nisi prius decision relating to injunctions against a strike, 3 K.L.R. 76, 77, 78 (1954). 1956-57 survey of labor law, Robert J. Fowks, 6 K.L.R. 198, 204 (1957). "For Whom Does the Clock Tick: Public Employers' Liability for Overtime Compensation Under Federal Law," Michael Jilky 63 J.K.B.A. No. 5, 34, 40 (1994). "Employment Law: After-Acquired Evidence Doctrine—An Affirmative Defense for Kansas Employers to Bar Relief for Wrongful Discharge," Robert L. Shuck, 37 W.L.J. 215 (1997). "The In-House Attorney Employment Dilemma," Todd Myers, 6 Kan. J.L. & Pub. Pol'y, No. 2, 147 (1997). Attorney General's Opinions: Membership or nonmembership in labor organizations; representation fee; employer and employee relations; rights of employees. 92-42. CASE ANNOTATIONS 1. Enjoining picketing; facts show exclusive federal jurisdiction. Kaw Paving Co. v. International Union of Operating Engineers, 178 Kan. 467, 472, 290 P.2d 110. 2. Mentioned; action to enjoin picketing; exclusive federal jurisdiction found. City Motors v. International Ass'n of Machinists, Lodge No. 778, A.F. of L., 179 Kan. 157, 159, 292 P.2d 1102. 3. Nonunion employees may enjoin organizational picketing violating right hereunder. Bindery v. Local Union No. 685, 181 Kan. 799, 804, 807, 317 P.2d 371. 4. National Labor Relations Board jurisdiction not affected by stranger picketing. Hyde Park Dairies v. Local Union No. 795, 182 Kan. 440, 442, 447, 321 P.2d 564. 5. Jurisdiction of National Labor Relations Board and of state courts discussed. Hyde Park Dairies v. Local Union No. 795, 182 Kan. 440, 442, 447, 455, 321 P.2d 564. 6. Cited; Kansas constitution (Art. 15, § 12) prohibits forced payment of union dues; "agency shop" contract illegal. Higgins v. Cardinal Manufacturing Co., 188 Kan. 11, 15, 18, 25, 360 P.2d 456. 7. Discussed; subsections (3), (12) and (13) of K.S.A. 44-809 held unconstitutional. Stapleton v. Mitchell, 60 F. Supp. 51, 52, 53, 55, 57. 8. Mentioned; organizational picketing enjoined. Continental Slip Form Builders v. Labor Local, 193 Kan. 459, 463, 392 P.2d 1004: Reversed on rehearing; lack of district court jurisdiction. Continental Slip Form Builders, Inc. v. Local Union, 195 Kan. 572, 408 P.2d 620. 9. Claim by employee that union coerced him into joining labor organization preempted by federal labor law. Tran v. Standard Motor Products, Inc., 10 F. Supp. 2d 1199, 1212 (1998). Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documents Archived LCC Meetings REVISOR OF STATUTES Archived Session Documents Archived School Finance Documents USEFUL LINKS Session Laws Kansas Administrative Regulations OTHER LEGISLATIVE SITES Kansas Legislature Administrative Services Division of Post Audit Research Department Contact Us PDF Help www.ksrevisor.gov 2026