Agriculture Labor Relations Board
Agricultural Labor Relations Board
The Kansas Agricultural Labor Relations Board was created in1972 to ensure peace in the fields of Kansas by guaranteeing justice for all agricultural workers and stability in agricultural labor relations. The board seeks to achieve these ends by providing orderly processes for protecting, implementing, enforcing the respective rights and responsibilities of employees, employers and labor organizations in their relations with each other.
Rights of Agricultural Employers
An agricultural employer shall have the right to manage his own production operations including all decisions as to the equipment and materials used to grow and market his crops and all determinations as to the crops to be produced. Such an employer shall also have the right to employ himself or a member of his family, on his own operations and at all times to speak freely to his employees in regard to these matters, except that he may not threaten discharge or wage loss because of an employee's labor activities carried on in accordance with this act.
Nothing in this act is intended to deprive an agricultural employer of his existing right to:
• Direct the work of his employees;
• Hire, promote, demote, transfer, assign and retain employees;
• Suspend or discharge employees for cause;
• Maintain the efficiency of operations;
• Relieve employees from duties because of lack of work or for other legitimate reasons;
• Determine the methods, means and personnel by which operations are to be carried on.
Rights of Agricultural Employees
Agricultural employees have the right to form, join and participate in the activities of employee organizations of their own choosing, for the purpose of meeting and conferring with agricultural employers or their designated representatives with respect to grievances and conditions of employment. No agricultural employee is required to join an employee organization as a condition of his employment; and every agricultural employee shall have the right to refuse to join or participate in the activities of employee organizations.
It is a prohibited practice for an agricultural employer or such employer's designated representative willfully to:
(1) interfere, restrain or coerce agricultural employees in the exercise of employment rights granted by state law;
(2) dominate, interfere or assist in the formation, existence or administration of any employee organization;
(3) encourage or discourage membership in any employee organization, committee, association or representation plan by discrimination in hiring, tenure or other conditions of employment or by blacklisting;
(4) discharge or discriminate against an employee because such employee has filed any affidavit, petition or complaint or given any information or testimony related to labor relations, or because such employee has formed, joined or chosen to be represented by any employee organization;
(5) refuse to meet and confer in good faith with representatives of certified or formally recognized employee organizations;
(6) deny the rights accompanying certification or formal recognition granted in K.S.A. 44-824, and amendments thereto; or
(7) institute or attempt to institute a lockout.
It is a prohibited practice for agricultural employees or employee organizations willfully to:
(1) Interfere with, restrain, discriminate against or coerce agricultural employees in the exercise of any of the rights granted to agricultural employees by state law;
(2) interfere with, restrain or coerce an agricultural employer with respect to management rights granted in K.S.A. 44-822, and amendments thereto, or with respect to selecting a representative for the purposes of meeting and conferring or the adjustment of grievances;
(3) cause or attempt to cause an employer to discriminate against an employee because of membership or non-member ship in any employee organization;
(4) establish or maintain organizational pickets at an agricultural employer's residence, place of business or situs of such employer's products;
(5) refuse to meet and confer in good faith with an agricultural employer as required by this act;
(6) engage in a strike during periods of marketing of livestock or during a critical period of production or harvesting of crops; or
(7) engage in a secondary boycott.