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44-826. Impasse resolution procedures; board hearing; judicial review. (a) Agricultural employers and recognized employee organizations may include in memoranda of agreement a provision setting forth the procedures to be invoked in the event of disputes which reach an impasse in the course of meet and confer proceedings. Such memorandum shall define conditions under which an impasse exists.

(b) In the absence of such memorandum of procedures, or upon the failure of such procedures resulting in an impasse, either party may request the assistance of the agricultural labor relations board, or the board may render such assistance on its own motion. In either event, if the board determines an impasse exists in meet and confer proceedings between an agricultural employer and a recognized employee organization, the board shall aid the parties in effecting a voluntary resolution of the dispute.

(c) If the parties have not resolved the impasse by the end of a forty-day period, the board shall forthwith conduct a hearing on the impasse in accordance with the provisions of the Kansas administrative procedure act. The board shall review any initial order under this subsection in accordance with K.S.A. 77-527 and amendments thereto. The board shall render a final order which shall be binding on the employee organization and the agricultural employer, subject to judicial review as provided by K.S.A. 44-829 and amendments thereto.

(d) All costs shall be borne equally by the parties to a dispute.

History: L. 1972, ch. 193, § 9; L. 1986, ch. 318, § 61; L. 1988, ch. 356, § 145; L. 1989, ch. 152, § 3; July 1.

Law Review and Bar Journal References:

"Farmers and the Law: Exemptions and Exceptions," J. W. Looney, 50 J.B.A.K. 7, 13 (1981).


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