Kansas Administrative Regulations Agency 12 - AGRICULTURAL LABOR RELATIONS BOARD
Here’s a refined overview of Kansas Administrative Regulations, Agency 12 – Agricultural Labor Relations Board, which governs procedures and general provisions under the state’s Agricultural Labor Relations Act:
📘 Overview of Agency 12
Agency 12 implements K.S.A. 44‑818 et seq. (“Agricultural Labor Relations Act”) and consists of two principal articles:
Article 1 – General Provisions (§ 12‑1‑1 to 12‑1‑2)
Article 2 – Procedure (§ 12‑2‑1 to 12‑2‑17) (law.cornell.edu, dol.ks.gov)
Article 1 – General Provisions
§ 12‑1‑1 Definitions
Defines key terms not addressed in the statute and clarifies time‑counting rules. Effective since May 1, 1978 (klrd.gov).
§ 12‑1‑2 Scope
Outlines the reach of the Board’s rules, including separability and waiver provisions. Also effective since May 1, 1978 (klrd.gov).
Article 2 – Procedure
Covers all procedural aspects of Board proceedings, all effective as of May 1, 1978. Highlights include:
§ 12‑2‑1 Service of Process – Details methods for serving complaints and other documents (klrd.gov).
§ 12‑2‑2 Hearings – Sets rules for conducting hearings and issuing orders (klrd.gov).
§ 12‑2‑3 Intervention – Allows interested third parties to intervene, including those with memoranda of agreement (law.cornell.edu).
§ 12‑2‑4 Authorization Cards – Specifies criteria for valid union authorization cards (klrd.gov).
§ 12‑2‑5 Validity of Showing of Interest – Ensures confidentiality of employee interest petitions (klrd.gov).
§ 12‑2‑6 Units – Defines how to determine appropriate bargaining units (klrd.gov).
§ 12‑2‑7 Petitions – Prescribes uniform petitions for certification or clarification .
§ 12‑2‑8 Post-Petition Procedure – Stipulates timelines and processes after petition filing .
§ 12‑2‑9 & 12‑2‑10 Elections – Establish eligibility, ballot secrecy, election protocols, observing, challenges, and run-offs .
§ 12‑2‑11 Certification – Governs certification of election results (klrd.gov).
§ 12‑2‑12 Impasse Resolution – Provides methods to resolve labor disputes before hearings (klrd.gov).
§ 12‑2‑13 Complaints – Details filing procedures, deadlines, amendments, and withdrawals (regulations.justia.com).
§ 12‑2‑14 Hearing Notices – Contains notice provisions, currently marked for revocation as they are redundant with K.A.R. 77‑518 and KAPA (klrd.gov).
§ 12‑2‑15 Record of Proceedings – Defines requirements for administrative records in unfair‑practice cases .
§ 12‑2‑16 Joinder of Parties – Permits consolidating multiple parties in proceedings (regulations.justia.com).
§ 12‑2‑17 Strikes or Lockouts – Allows expedited proceedings in labor disputes (klrd.gov).
The regulations collectively ensure a structured process—from petition to election to potential hearings—with clarity and due process.
Administrative Context & Statutory Background
The Board was established by the Agricultural Labor Relations Act (1972) and is activated only upon a workplace complaint. It typically includes three members appointed from lists submitted to the Governor, one each representing labor, management, and the public (ksrevisor.gov).
Under K.S.A. 75‑5712, the Board operates under the Department of Labor, which handles administrative functions and rule promulgation (ksrevisor.org).
📌 For Access & Further Reading
Full regulatory text (as of July 15, 2023): see the Kansas Legislative Research Department’s PDF (klrd.gov).
Online browsing: Cornell LII or Justia hosts both Article 1 and Article 2 (regulations.justia.com).
The Department of Labor website offers background on the Board’s role and prohibited practices .
🗓️ Note on Currentness
Kansas regulations are updated quarterly; although the July 2023 version is the latest publicly available via KLRD, you may want to verify with the Kansas Secretary of State or the Department of Labor for any updates post‑July 2023 (law.cornell.edu).
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