Unlawful acts

44-809. Unlawful acts. It shall be unlawful for any person: (1) To interfere with or prevent the right of franchise of any member of a labor organization. The right of franchise shall include the right of an employee to make a complaint, file charges, give information or testimony concerning the violations of this act, or the petitioning to such employee's union regarding any grievance that such employee may have concerning such employee's membership or employment, or the making known facts concerning such grievance or violations of law to any person, including public officials or the employer and such employee's right of free petition, lawful assemblage and free speech. (2) To prohibit or prevent any election of the officers of any labor organization. (3) To participate in any strike, walk-out or cessation of work or continuation thereof against an employer when any of such employer's employees are organized into a collective bargaining unit without the same being authorized by a majority vote of the employees in such collective bargaining unit at an election, by secret ballot, held, conducted and canvassed in accordance with rules and regulations that shall be adopted by the secretary of labor. This section shall not prohibit any person from terminating such person's employment on such person's own volition. (4) To enter into an all-union agreement as a representative of employees in a collective bargaining unit unless such employees to be governed have, by a majority vote of such employees by secret ballot, authorized such agreement. (5) To conduct any election referred to in subsections (3) and (4) without a secret ballot. (6) To charge, receive or retain any dues, assessments or other charges in excess of or not authorized by the constitution or bylaws of any labor organization. (7) To act as a business agent without having obtained and without possessing a valid and subsisting license. (8) To solicit membership for or to act as a representative of an existing labor organization without authority of such labor organization to do so. (9) To make any false statement in an application for a license. (10) For any person to seize or occupy property unlawfully during the existence of a labor dispute. (11) To coerce or intimidate any employee in the enjoyment of such employee's legal rights, including those guaranteed in K.S.A. 44-803, and amendments thereto, or to intimidate such employee's family, picket such employee's domicile or injure the person or property of such employee or such employee's family or to in any way discriminate against any employee, member of a labor organization or other person by reason of such employee's exercise of any right guaranteed to such employee by this act. (12) To picket beyond the area of the industry within which a labor dispute arises. (13) To engage in picketing by force and violence, to picket in such a manner as to prevent ingress and egress to and from any premises or to picket other than in a peaceable manner. (14) To violate the terms of a collective bargaining agreement. (15) To enter into a closed shop agreement. History: L. 1943, ch. 191, § 8; L. 1955, ch. 252, § 3; L. 1976, ch. 370, § 79; L. 2004, ch. 179, § 77; L. 2025, ch. 29, § 2; July 1. Law Review and Bar Journal References: Discussed in nisi prius decision relating to injunctions against a strike, 3 K.L.R. 76, passim (1954). Cited in discussing right-to-work laws, D. Clifford Allison, 23 J.B.A.K. 387, 397 (1955); Fred A. Beaty, 27 J.B.A.K. 349 (1959). Mentioned in 1956-57 and 1957-59 surveys of labor law, Robert J. Fowks, 6 K.L.R. 198, 204 (1957); 8 K.L.R. 311, 314 (1959). Discussed in relation to right to work amendment, Dan Hopson, Jr., 8 K.L.R. 18, 30, 63 n. 320 (1959). Survey of labor law, Robert J. Fowks, 10 K.L.R. 251 (1961). "The Kansas Public Employer-Employee Relations Law," Raymond Goetz, 28 K.L.R. 243, 248 (1980). Attorney General's Opinions: Membership or nonmembership in labor organizations; representation fee; employer and employee relations; rights of employees. 92-42. CASE ANNOTATIONS 1. Violation mentioned in holding trade union decision as to member's rights conclusive, exceptions. Radio Station KFH Co. v. Musicians Ass'n, Local 297, 169 Kan. 596, 598, 605, 220 P.2d 199. 2. Enjoining picketing; facts show exclusive federal jurisdiction. Kaw Paving Co. v. International Union of Operating Engineers, 178 Kan. 467, 472, 290 P.2d 110. 3. Cited in holding N.L.R.B. jurisdiction exclusive where unfair practice affects commerce. Friesen v. General Team & Truck Drivers Local Union No. 54, 181 Kan. 769, 772, 317 P.2d 366. 4. Extent of state jurisdiction to enjoin unfair labor practice discussed. Asphalt Paving v. Local Union, 181 Kan. 775, 776, 777, 778, 783, 788, 789, 317 P.2d 349. 5. Nonunion employees may enjoin organizational picketing interfering with right to work. Binder v. Local Union No. 685, 181 Kan. 799, 805, 807, 808, 317 P.2d 371. 6. National Labor Relations Board jurisdiction exclusive where unfair labor practice affects interstate commerce. Stieben v. Local Union No. 685, 181 Kan. 832, 835, 317 P.2d 436. 7. Use of profanity and photography on picket line unlawful under subsection (14). Newell v. Local Union 795, 181 Kan. 898, 911, 319 P.2d 171. 8. Jurisdiction of National Labor Relations Board and of state courts discussed. Hyde Park Dairies v. Local Union No. 795, 182 Kan. 440, 448, 455, 321 P.2d 564. 9. No state jurisdiction where National Labor Relations Board has jurisdiction; unfair labor practice. Local Lodge No. 774 v. Cessna Aircraft Co., 185 Kan. 183, 187, 341 P.2d 989. 10. Picketing beyond industry area; under facts activities not within federal act; state jurisdiction. Cooperative Refinery Ass'n v. Williams, 185 Kan. 410, 414, 345 P.2d 709. 11. State courts may compel arbitration under bargaining agreement made under federal law. Local Lodge v. Cessna Aircraft Co., 186 Kan. 569, 575, 352 P.2d 420. 12. Subsections (3), (12) and (13) held unconstitutional; act discussed. Stapleton v. Mitchell, 60 F. Supp. 51, 52, 53, 56, 60, 61, 62. 13. Construction site only possible place for picket; organizational picketing enjoined. Continental Slip Form Builders v. Labor Local, 193 Kan. 459, 462, 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. 14. Construed in holding trial court without jurisdiction to rule on a labor controversy. Inland Industries, Inc. v. Teamsters & Chauffeurs Local Union, 209 Kan. 349, 351, 496 P.2d 1327. 15. Appeal from refusal to grant injunction pursuant to paragraphs (13) and (14) dismissed; issues moot. Gibbons v. Brotherhood of Railway, Airline & Steam ship Clerks, 227 Kan. 557, 608 P.2d 1320. 16. 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). 17. Where person terminated from employment at TV station pickets businesses advertising on TV station, such secondary picketing may be enjoined as motivated by economic concerns. Drake v. Benedek Broadcasting Corp., 26 Kan. App. 2d 289, 291, 295, 983 P.2d 274 (1999). 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