reglab/statecodes huggingface dataset:
Kansas Administrative Regulations › Agency 49 - DEPARTMENT OF LABOR › Article 1 - HOURS AND WORKING CONDITIONS; WOMEN AND MINORS › Section 49-1-63 - Occupations involved in the operation of certain power-driven paper-products machines

Current through Register Vol. 43, No. 28, July 11, 2024
(1)
					Occupations.
(a) Arm-type wire stitcher or
					stapler, circular or band saw, corner cutter, or mitering machine, corrugating
					and single or double-facing machine, envelope die-cutting press, guillotine
					paper cutter or shear, horizontal bar scorer, laminating or combining machine,
					sheeting machine, scrap-paper baler, or vertical slotter.
(b) Platen die-cutting press, platen printing
					press, or punch press which involves hand feeding of the machine.
(c) The occupations of setting up, adjusting,
					repairing, oiling, or cleaning these machines including those which do not
					involve hand feeding.
Kansas Administrative Regulations › Agency 49 - DEPARTMENT OF LABOR › Article 1 - HOURS AND WORKING CONDITIONS; WOMEN AND MINORS › Section 49-1-64 - Occupations involved in the manufacture of brick, tile, and kindred products

Current through Register Vol. 43, No. 28, July 11, 2024
(1)
					Occupations.
(a) All work in or about
					establishments in which clay construction products are manufactured, except:
(1) Work in storage and shipping;
(2) Work in offices, laboratories, and
					storerooms; and
(3) Work in the
					drying departments of plants manufacturing sewer pipe.
Kansas Administrative Regulations › Agency 49 - DEPARTMENT OF LABOR › Article 1 - HOURS AND WORKING CONDITIONS; WOMEN AND MINORS › Section 49-1-65 - Occupations involved in the operation of circular saws, band saws, and guillotine shears

Current through Register Vol. 43, No. 28, July 11, 2024
(1)
					Occupations.
(a) The occupations of operator
					or of helper on the following power-driven fixed or portable machines except
					machines equipped with full automatic feed and ejection:
(1) Circular saws.
(2) Band saws.
(3) Guillotine shears.
Kansas Administrative Regulations › Agency 49 - DEPARTMENT OF LABOR › Article 1 - HOURS AND WORKING CONDITIONS; WOMEN AND MINORS › Section 49-1-66 - Occupations involved in wrecking, demolition, and shipbreaking operations

Current through Register Vol. 43, No. 28, July 11, 2024
Definitions. The term "wrecking, demolition, and shipbreaking
						operations" shall mean all work, including clean-up and salvage work, performed
						at the site of the total or partial razing, demolishing, or dismantling of a
						building, bridge, steeple, tower, chimney, other structure, ship or other
						vessel.
Kansas Administrative Regulations › Agency 49 - DEPARTMENT OF LABOR › Article 1 - HOURS AND WORKING CONDITIONS; WOMEN AND MINORS › Section 49-1-67 - Occupations involved in roofing operations

Current through Register Vol. 43, No. 28, July 11, 2024
Definitions. The term "roofing operations" shall mean all work
						performed in connection with the application of weatherproofing materials and
						substances (such as tar or pitch, asphalt-prepared paper, tile, slate, metal,
						translucent materials, and shingles of asbestos, asphalt or wood) to roofs of
						buildings or other structures. The term shall also include all work performed
						in connection with:
(1) The
					installation of roofs, including related metal work such as flashing, and
(2) Alterations, additions,
					maintenance and repair, including painting and coating, of existing roofs.
The term shall not include gutter and downspout work; the
						construction of the sheathing or base of roofs, or the installation of
						television antennas, air conditioners, exhaust and ventilating equipment, or
						similar appliances attached to roofs.
Kansas Administrative Regulations › Agency 49 - DEPARTMENT OF LABOR › Article 1 - HOURS AND WORKING CONDITIONS; WOMEN AND MINORS › Section 49-1-68 - Occupations in excavation operations

Current through Register Vol. 43, No. 28, July 11, 2024
Occupations.
(1)
					Excavating, working in, or backfilling (refilling) trenches, except:
(a) Manually excavating or manually
					backfilling trenches that do not exceed four feet in depth at any point, or
(b) Working in trenches that do
					not exceed four feet in depth at any point.
Kansas Administrative Regulations › Agency 49 - DEPARTMENT OF LABOR › Article 1 - HOURS AND WORKING CONDITIONS; WOMEN AND MINORS › Section 49-1-69 - Permitted occupations for 14-and 15-year-old minors in retail, food service, and gasoline service establishments

Current through Register Vol. 43, No. 28, July 11, 2024
(1) Office and
					clerical work (including operation of office machines).
(2) Cashiering, selling, modeling, art work,
					work in advertising departments, window trimming and comparative shopping.
(3) Price marking and tagging by
					hand or by machine, assembling orders, packing and shelving.
(4) Bagging and carrying out customers'
					orders.
(5) Errand and delivery
					work by foot, bicycle, and public transportation.
(6) Clean-up work, including the use of
					vacuum cleaners and floor waxers, and maintenance of grounds, but not including
					the use of power-driven mowers or cutters.
(7) Kitchen work and other work involved in
					preparing and serving food and beverages, including the operation of machines
					and devices used in the performance of such work, such as, but not limited to,
					dishwashers, toasters, dumbwaiters, popcorn poppers, milk shake blenders, and
					coffee grinders.
(8) Work in
					connection with cars and trucks if confined to the following:
(a) Dispensing gasoline and oil.
(b) Courtesy service.
(c) Car cleaning, washing and polishing.
(d) Other occupations permitted by
					this section. But not including work involving the use of pits, racks or
					lifting apparatus or involving the inflation of any tire mounted on a rim
					equipped with a removable retaining ring.
Kansas Administrative Regulations › Agency 49 - DEPARTMENT OF LABOR › Article 1 - HOURS AND WORKING CONDITIONS; WOMEN AND MINORS › Section 49-1-70 - Prohibited occupations for 14-and 15-year-old minors in any other place of employment

Current through Register Vol. 43, No. 28, July 11, 2024
(1) Any
					manufacturing occupation.
(2) Any
					mining occupation.
(3) Processing
					occupations such as filleting of fish, dressing poultry, cracking nuts, or
					laundering as performed by commercial laundries, and dry cleaning (except in a
					retail, food service, or gasoline service establishment in those specific
					occupations expressly permitted there in accordance with the foregoing list).
(4) Occupations requiring the
					performance of any duties in workrooms or workplaces where goods are
					manufactured, mined, or otherwise processed (except to the extent expressly
					permitted in retail, food service, or gasoline service establishments in
					accordance with the foregoing list).
(5) Operation or tending of hoisting
					apparatus or of any power-driven machinery (other than office machines and
					machines in retail, food service, and gasoline service establishments which are
					specified in the foregoing list as machines which such minors may operate in
					such establishments).
(6)
					Occupations in connection with:
(a)
					Transportation of persons or property by rail, highway, air, on water,
					pipeline, or other means.
(b)
					Warehousing and storage.
(c)
					Communications and public utilities.
(d) Construction (including repair). Except
					office or sales work in connection with these occupations (not performed on
					transportation media or at the actual construction site).
Kansas Administrative Regulations › Agency 49 - DEPARTMENT OF LABOR › Article 6 - COLLECTIVE BARGAINING UNIT; SELECTION › Section 49-6-1 - Collective bargaining units in existence

Current through Register Vol. 43, No. 28, July 11, 2024
If there has been a collective bargaining unit established and
						recognized by its employer prior to the taking effect of this act, an employee
						or labor organization may, upon filing with the office of the commissioner a
						short resume of its existence or contractual life with its employer, be
						certified by the commissioner as being an appropriate collective bargaining
						unit as defined in the Kansas labor relations act.
The commissioner will make whatever additional investigation he
						cares to make and feels is necessary to ascertain the correctness of the
						petitioning organization's assertion. The commissioner will make available a
						petition form for such organization or representatives of the same.
Kansas Administrative Regulations › Agency 49 - DEPARTMENT OF LABOR › Article 6 - COLLECTIVE BARGAINING UNIT; SELECTION › Section 49-6-2 - Petition for collective bargaining unit

Current through Register Vol. 43, No. 28, July 11, 2024
Any employee, labor organization, or the agent of either of
						them may petition the commissioner to determine a collective bargaining unit
						for all employees in a unit appropriate for such purpose, and for a
						determination of said unit whenever such a question arises. The petition shall
						be prepared on a form furnished by the commissioner and the original and three
						(3) copies shall be signed and filed with the commissioner. The petition shall
						include:
(a) A full name and address
					of a petitioner.
(b) The name and
					address of the employer, the general nature of his business, and the
					approximate number of his employees.
(c) A description of the bargaining unit
					claimed to be appropriate, the approximate number of the employees constituting
					such unit, and the approximate number of employees on whose behalf the petition
					is filed.
(d) The names of any
					known persons or organizations of employees who claim to represent any of the
					employees in the alleged bargaining unit other than the petitioner.
(e) A brief statement setting forth the
					desire of the employees to organize themselves into a collective bargaining
					unit.
(f) A description of the
					employer's business with particular questions and answers relative to
					interstate commerce which shall show in each case that the employer is within
					the jurisdiction of the commissioner.
(g) Evidence of interest of at least thirty
					percent (30%) of the employees in the proposed appropriate collective
					bargaining unit or units which may be evidenced to the commissioner by the use
					of signed authorization cards, membership cards, or in petition form.
(h) Any other relevant facts.
If it appears to the commissioner that the petition presents a
						question relative to the selection of a collective bargaining unit, the
						commissioner shall thereupon hold and conduct an election by secret ballot in
						accordance with rules and regulations hereinafter set out.
Kansas Administrative Regulations › Agency 49 - DEPARTMENT OF LABOR › Article 6 - COLLECTIVE BARGAINING UNIT; SELECTION › Section 49-6-3 - Referendum for decertification election

Current through Register Vol. 43, No. 28, July 11, 2024
If a collective bargaining unit has been established by
						election procedure or has been established prior to the effective date of this
						act and it is the desire of said unit to change its designation of a union
						representative for such collective bargaining unit or to disband the collective
						bargaining unit, any employee, labor organization, or the agent of either of
						them may petition the commissioner to hold such an election. The petition shall
						be similar in form to the petition for determination of a collective bargaining
						unit and shall be prepared on a form furnished by the commissioner and
						submitted in quintuplicate (5) and filed with the commissioner. Said petition
						must show a thirty percent (30%) interest in the members of the collective
						bargaining unit and may be evidenced by authorization cards, membership cards,
						or by petition form. It is suggested by the commissioner that these petitions
						should be presented within thirty (30) days prior to the expiration period or
						renegotiation date of the existing contract between the present union
						representative of the collective bargaining unit and the employer.
If it appears to the commissioner that the petition presents a
						question relative to the designation of a new representative of the collective
						bargaining unit or the disbandment of the collective bargaining unit, the
						commissioner will thereupon hold and conduct an election by secret ballot in
						accordance with rules and regulations hereinafter set out.
Kansas Administrative Regulations › Agency 49 - DEPARTMENT OF LABOR › Article 6 - COLLECTIVE BARGAINING UNIT; SELECTION › Section 49-6-4 - Type of election determined by commissioner

Current through Register Vol. 43, No. 28, July 11, 2024
The commissioner will determine whether or not a manual ballot,
						mail ballot, or jointly conducted union-management election will be held
						pursuant to rules and regulations for each of such elections as hereinafter set
						out.
Kansas Administrative Regulations › Agency 49 - DEPARTMENT OF LABOR › Article 6 - COLLECTIVE BARGAINING UNIT; SELECTION › Section 49-6-5 - Commissioner to certify election results; bar to subsequent election

Current through Register Vol. 43, No. 28, July 11, 2024
If a majority of the employees in the proposed collective
						bargaining unit have voted in such election to organize themselves into a
						collective bargaining unit and designate a union representative of such unit,
						the same shall thereafter be considered as a collective bargaining unit by the
						employer and the department of labor, and another such election shall not be
						held for one year except under the most unusual circumstances. In the event the
						employees in the proposed collective bargaining unit do not vote to organize
						themselves into a collective bargaining unit, no subsequent petition will be
						entertained by the commissioner before the expiration of at least one year from
						the date of the prior election if presented by the same proposed collective
						bargaining unit's union representative. The commissioner will certify in
						writing to the employer and union representative of the collective bargaining
						unit the results of the said election, in form to be determined by the
						commissioner.
Kansas Administrative Regulations › Agency 49 - DEPARTMENT OF LABOR › Article 6 - COLLECTIVE BARGAINING UNIT; SELECTION › Section 49-6-6 - Majority of votes necessary; runoff election at discretion of commissioner

Current through Register Vol. 43, No. 28, July 11, 2024
If two or more labor unions have competed in the representation
						election so that none of the labor organizations received a majority of the
						votes necessary to carry such an election, and if in the commissioner's
						determination the situation warrants it, he may hold a runoff election to be
						held in similar form to the first election and use the eligible voter list of
						the first election in the runoff election.
Kansas Administrative Regulations › Agency 49 - DEPARTMENT OF LABOR › Article 7 - SECRET BALLOT ELECTION; ALL-UNION AGREEMENT › Section 49-7-1 - Petition; who may file

Current through Register Vol. 43, No. 28, July 11, 2024
A petition for authority to enter into an all-union agreement
						may be filed by representatives of a labor organization when employees have
						organized themselves into a collective bargaining unit. The labor organization
						may file the petition at any time. The commissioner suggests that the petition
						be filed at least thirty (30) days before negotiations are to start (except in
						cases of new bargaining units) so that the petition may be processed before the
						beginning of negotiations.
Kansas Administrative Regulations › Agency 49 - DEPARTMENT OF LABOR › Article 7 - SECRET BALLOT ELECTION; ALL-UNION AGREEMENT › Section 49-7-2 - Petition; contents

Current through Register Vol. 43, No. 28, July 11, 2024
The collective bargaining unit shall file its petition in
						quadruplicate (4) in form as prescribed by the commissioner. Said petition
						shall contain:
(a) Evidence of
					all-union agreement authorization by at least thirty percent (30%) of the
					employees in the appropriate collective bargaining unit.
(b) An alphabetical listing of the names and
					addresses of the employees in the appropriate collective bargaining unit.
(c) Three (3) copies of the
					current or most recently expired contract between the employer and the
					collective bargaining unit.
Kansas Administrative Regulations › Agency 49 - DEPARTMENT OF LABOR › Article 7 - SECRET BALLOT ELECTION; ALL-UNION AGREEMENT › Section 49-7-3 - Prerequisites to election

Current through Register Vol. 43, No. 28, July 11, 2024
The commissioner will order that an all-union agreement
						authorization election be held if his investigation has revealed that:
(a) No question concerning representation is
					pending.
(b) The petitioning labor
					union is the presently designated representative of the collective bargaining
					unit.
(c) The petition filed shows
					interest by thirty percent (30%) of the employees in the appropriate collective
					bargaining unit.
(d) No valid
					secret ballot election authorizing an all-union agreement has been conducted in
					the past twelve (12) months among the employees in the unit covered by the
					petition.
Kansas Administrative Regulations › Agency 49 - DEPARTMENT OF LABOR › Article 7 - SECRET BALLOT ELECTION; ALL-UNION AGREEMENT › Section 49-7-4 - Employer notified by mail

Current through Register Vol. 43, No. 28, July 11, 2024
Upon the commissioner determining to order an all-union
						agreement secret ballot election, he will forward a letter to the employer
						informing him of his decision.
Kansas Administrative Regulations › Agency 49 - DEPARTMENT OF LABOR › Article 7 - SECRET BALLOT ELECTION; ALL-UNION AGREEMENT › Section 49-7-5 - Commissioner elects type of vote

Current through Register Vol. 43, No. 28, July 11, 2024
The commissioner will determine whether or not to hold a manual
						ballot, mail ballot, or jointly conducted union-management election pursuant to
						rules and regulations for each of such types of elections as hereinafter set
						out.
Kansas Administrative Regulations › Agency 49 - DEPARTMENT OF LABOR › Article 7 - SECRET BALLOT ELECTION; ALL-UNION AGREEMENT › Section 49-7-6 - Election results reported

Current through Register Vol. 43, No. 28, July 11, 2024
On the election being completed, the results shall be announced
						and a report of the election will be made in writing by the commissioner's
						office to the interested parties.
Kansas Administrative Regulations › Agency 49 - DEPARTMENT OF LABOR › Article 8 - SECRET BALLOT ELECTION; STRIKE, WALKOUT AND CESSATION OF WORK › Section 49-8-1 - Prepetition duties of parties

Current through Register Vol. 43, No. 28, July 11, 2024
In the event an existing contract between an employer of the
						collective bargaining unit is due to expire of its own terms or in the event
						the contract is subject to renegotiation or revision pursuant to its terms and
						the collective bargaining unit does desire the commissioner to hold a secret
						strike ballot, it shall be the duty of the officers of the collective
						bargaining unit to transmit to the commissioner a report of the negotiations
						had to that time. The report shall outline the offers and counter offers made
						by both parties to the other, the dates of such offers, and other pertinent
						information and shall request the commissioner to hold and conduct a secret
						strike ballot of the collective bargaining unit. The commissioner's office will
						then notify the employer on receipt of this report and request and upon such
						notification the employer shall, within 72 hours, transmit to the commissioner
						a report of negotiations to date including the offers and counter offers made
						by both parties to the other, the dates of such offers and other pertinent
						information.
Kansas Administrative Regulations › Agency 49 - DEPARTMENT OF LABOR › Article 8 - SECRET BALLOT ELECTION; STRIKE, WALKOUT AND CESSATION OF WORK › Section 49-8-2 - Contractual relations

Current through Register Vol. 43, No. 28, July 11, 2024
In the event a labor organization contends that there has been
						a major breach of its contract with its employer or in the event a collective
						bargaining unit properly certified by the commissioner's office has no contract
						with its employer and, in either case, said certified collective bargaining
						unit desires to have a secret strike ballot taken by the commissioner, it shall
						be the duty of the officers of the collective bargaining unit to transmit to
						the commissioner a request to hold an election. Said request shall also include
						an alleged breach of contract or the fact that no contract exists with the
						employer at that time. Upon receipt of such request, the commissioner's office
						will notify the employer and request from the employer a transmittal report
						giving the employer's version of the dispute.
Kansas Administrative Regulations › Agency 49 - DEPARTMENT OF LABOR › Article 8 - SECRET BALLOT ELECTION; STRIKE, WALKOUT AND CESSATION OF WORK › Section 49-8-3 - Settlement negotiations

Current through Register Vol. 43, No. 28, July 11, 2024
In the event a new contract is signed or negotiated by the
						parties prior to the conducting of the secret strike ballot by the
						commissioner, it shall be the duty of the officers of the collective bargaining
						unit and the employer to notify the commissioner by telegram of the settlement
						of the labor dispute.
Kansas Administrative Regulations › Agency 49 - DEPARTMENT OF LABOR › Article 8 - SECRET BALLOT ELECTION; STRIKE, WALKOUT AND CESSATION OF WORK › Section 49-8-4 - Employer notified

Current through Register Vol. 43, No. 28, July 11, 2024
Upon the commissioner determining to order a secret strike
						ballot he will write a letter to the employer informing him of his decision.
Kansas Administrative Regulations › Agency 49 - DEPARTMENT OF LABOR › Article 8 - SECRET BALLOT ELECTION; STRIKE, WALKOUT AND CESSATION OF WORK › Section 49-8-5 - Commissioner elects type of vote

Current through Register Vol. 43, No. 28, July 11, 2024
The commissioner will determine whether or not to hold a manual
						ballot, mail ballot, or jointly conducted union-management election pursuant to
						rules and regulations for each of such types of elections as hereinafter set
						out.
Kansas Administrative Regulations › Agency 49 - DEPARTMENT OF LABOR › Article 8 - SECRET BALLOT ELECTION; STRIKE, WALKOUT AND CESSATION OF WORK › Section 49-8-6 - Election results reported

Current through Register Vol. 43, No. 28, July 11, 2024
After the election is completed the results shall be announced
						and a report of the election will be made in writing by the commissioner's
						office to the interested parties.
Kansas Administrative Regulations › Agency 49 - DEPARTMENT OF LABOR › Article 8 - SECRET BALLOT ELECTION; STRIKE, WALKOUT AND CESSATION OF WORK › Section 49-8-7 - Election results; period of validity

Current through Register Vol. 43, No. 28, July 11, 2024
If a majority of the employees in the collective bargaining
						unit do not vote in favor of a strike, any strike called in that unit will be
						considered an unlawful strike. Strike election results shall be valid for a
						period of sixty (60) days after receipt of the notice of certification of said
						results. This time may be extended by order of the commissioner.
Kansas Administrative Regulations › Agency 49 - DEPARTMENT OF LABOR › Article 9 - ALL TYPES OF ELECTIONS › Section 49-9-1 - Voters eligibility cutoff date

Current through Register Vol. 43, No. 28, July 11, 2024
In every case, upon decision of the commissioner to hold an
						election of any type he will request from the collective bargaining unit and/or
						the employer that they each submit a list of eligible voters of the collective
						bargaining unit, which list shall be certified under oath by proper officials
						or officers. The commissioner, in each case, shall inform the parties in his
						request for such list of the cutoff date or payroll period necessary for
						eligibility of the voters. If there is any dispute or question as to who is an
						eligible voter, the commissioner or his representative shall determine the
						eligibility of that voter.
Kansas Administrative Regulations › Agency 49 - DEPARTMENT OF LABOR › Article 9 - ALL TYPES OF ELECTIONS › Section 49-9-2 - Eligibility in general

Current through Register Vol. 43, No. 28, July 11, 2024
Generally, the commissioner will determine that eligible voters
						shall be those employees included within the collective bargaining unit who
						were employed during the payroll period on the cutoff date established by the
						commissioner, including employees who did not work during said payroll period
						because they were ill or temporarily laid off or employees in the military
						service who appear in person at the polls, but will exclude any employees who
						have quit or been discharged for good cause and have not been reinstated prior
						to the date of the election. If necessary, the commissioner shall determine the
						sufficiency of the good cause alleged for discharge. If the merits of the
						employee's discharge have not been determined by the time of the election, he
						shall be allowed to vote a challenged ballot. Supervisors, foremen, and guards,
						or other personnel in an administrative or supervisory capacity that are part
						of the collective bargaining unit will be construed as eligible voters by the
						commissioner.
Kansas Administrative Regulations › Agency 49 - DEPARTMENT OF LABOR › Article 9 - ALL TYPES OF ELECTIONS › Section 49-9-3 - Posting of election notice

Current through Register Vol. 43, No. 28, July 11, 2024
In all types of elections there shall be posted in prominent
						places about the employer's establishment, notice of the election prior to the
						time and date of the election, and such notice shall include among other
						necessary and pertinent information the purpose of the election.
Kansas Administrative Regulations › Agency 49 - DEPARTMENT OF LABOR › Article 9 - ALL TYPES OF ELECTIONS › Section 49-9-4 - Secret ballot; general

Current through Register Vol. 43, No. 28, July 11, 2024
In every case, the commissioner's office shall prepare ballots
						for the holding of the election. The voter must make a cross in the block
						designating his choice in the election. The intent of the voter will be
						followed as closely as possible in the marking of the ballot. If the ballot is
						defaced, torn, or marked in such a manner that it is impossible to determine
						the voter's intent the ballot will be construed to be spoiled. If any ballot is
						signed or identifying marks appear on the ballot, that ballot shall not be
						counted.
Kansas Administrative Regulations › Agency 49 - DEPARTMENT OF LABOR › Article 9 - ALL TYPES OF ELECTIONS › Section 49-9-5 - Contested elections; grounds for voiding election

Current through Register Vol. 43, No. 28, July 11, 2024
In case of a contested election, the contestants shall notify
						the commissioner within ten (10) calendar days after the close of the election
						that they do contest the election, setting forth by petition their reasons for
						contesting the same, which petition shall be duly verified. Immediately upon
						receipt of that notice the commissioner or his representative shall investigate
						the charges made by the party contesting the election and shall determine the
						merits of the charges and make findings therein, which findings shall be
						binding on all of the parties. At the commissioner's option, in the event he
						deems necessary, he may conduct a hearing upon the contestant's petition and
						take evidence and consider the same to aid him in making his decision.
						Generally, the commissioner will consider only those petitions which the
						charges therein, if proved true, could upset the results of the election. The
						commissioner may consider coercion, undue influence, compulsion, and threats
						among other practices as good and sufficient reason for voiding the results of
						an election.
Kansas Administrative Regulations › Agency 49 - DEPARTMENT OF LABOR › Article 10 - HOLDING A MANUAL BALLOT › Section 49-10-1 - Commissioner or representative to conduct election; supervisors

Current through Register Vol. 43, No. 28, July 11, 2024
If a voter inadvertently spoils the ballot, he shall return the
						ballot to the supervisor of his polling place who shall deliver to him another
						ballot, preserving the spoiled ballot for the time of counting. The counting of
						the ballots shall take place as soon as the polls have been closed or as soon
						as it is practical to count the same: Provided, however, That the commissioner
						may on his own motion through his representative, keep the polls open as long
						as he deems necessary. The commissioner or his representative may announce the
						results of the election as soon as the complete results have been tabulated. At
						each voting station, the commissioner shall furnish a supervisor to supervise
						the election. The voter shall fold his ballot so that no part of the face
						thereof shall be exposed and, upon leaving the polling booth, return his ballot
						to the supervisor at the polling station who shall then deposit the ballot in
						the ballot boxes. All ballot boxes shall be examined and locked before the
						opening of the polls, not to be opened until the time of counting. If the
						election is to take several days, the ballot boxes shall be locked and remain
						so until the time of counting of said ballots.
Kansas Administrative Regulations › Agency 49 - DEPARTMENT OF LABOR › Article 10 - HOLDING A MANUAL BALLOT › Section 49-10-2 - Observers; other election participation

Current through Register Vol. 43, No. 28, July 11, 2024
The collective bargaining unit and the employer may each
						designate a person to observe that the ballots are properly cast and voting
						properly conducted at each voting station. There shall be not more than one
						observer for each party. These observers are subject to such limitations as the
						commissioner or his supervisor may prescribe. Employer observers are limited to
						people in a nonsupervisory capacity. Collective bargaining unit observers shall
						not be union officials or business agents. Any authorized observer or the
						commissioner or his representative may challenge for good cause the eligibility
						of any person to participate in the election. There shall be no campaigning
						within fifty (50) feet of any voting station while the election is being
						conducted.
Kansas Administrative Regulations › Agency 49 - DEPARTMENT OF LABOR › Article 10 - HOLDING A MANUAL BALLOT › Section 49-10-3 - Absentees voting; limitations

Current through Register Vol. 43, No. 28, July 11, 2024
A ballot will be mailed to an individual eligible to vote upon
						notification to the commissioner in writing of his inability because of
						sickness, physical disability, geographical location due to his employment,
						leave of absence granted by the employer, or vacation granted by the employer,
						the same making it impossible for him to be physically present at the time of
						the election. This ballot shall be mailed by the voter to the address of the
						labor commissioner and the envelope containing the ballot will be opened at the
						time of the counting of the ballots and placed in the ballot box. Such ballots
						must be in the commissioner's office at least twenty-four (24) hours prior to
						the election or delivered to the election supervisor before the closing of the
						polls at the place of balloting in order to be counted. Whenever a voter at an
						election states under oath that he is physically unable or because of his
						inability to read or write that he cannot mark his ballot, the supervisor shall
						assist him in the marking of the ballot.
Kansas Administrative Regulations › Agency 49 - DEPARTMENT OF LABOR › Article 10 - HOLDING A MANUAL BALLOT › Section 49-10-4 - Challenged voters; determination of qualifications binding

Current through Register Vol. 43, No. 28, July 11, 2024
In an election, if any person has been challenged as an
						unqualified voter, he shall be permitted to vote and the supervisor of that
						election shall set aside the ballot with appropriate markings. At the close of
						the election the commissioner shall determine the merits of the challenged
						ballots and decide whether or not that person is a qualified voter. The results
						of this finding shall be binding upon all parties. The supervisor shall deliver
						or mail all challenged ballots to the commissioner's office immediately.
Kansas Administrative Regulations › Agency 49 - DEPARTMENT OF LABOR › Article 11 - CONDUCT OF MAIL REFERENDUM BALLOT › Section 49-11-1 - Commissioner elects mode of balloting

Current through Register Vol. 43, No. 28, July 11, 2024
In most cases, the commissioner will not order a mail ballot
						election taken unless approval is given by the interested parties. If in the
						commissioner's determination a mail ballot is proper, he will so advise
						interested parties.
Kansas Administrative Regulations › Agency 49 - DEPARTMENT OF LABOR › Article 11 - CONDUCT OF MAIL REFERENDUM BALLOT › Section 49-11-2 - Return of ballot; date

Current through Register Vol. 43, No. 28, July 11, 2024
The commissioner will attempt to secure the unanimous agreement
						of interested parties as to the date by which mail ballots must be received by
						the commissioner, his representative, or a local postmaster.
Kansas Administrative Regulations › Agency 49 - DEPARTMENT OF LABOR › Article 11 - CONDUCT OF MAIL REFERENDUM BALLOT › Section 49-11-3 - Commissioner to provide ballots by mail

Current through Register Vol. 43, No. 28, July 11, 2024
The commissioner will mail to each eligible voter at his own
						voting address:
(a) Ballot.
(b) An unmarked envelope.
(c) An unstamped addressed
					envelope, larger than the plain envelope with a space for the voter's
					signature.
(d) A notice of the
					election and instructions to the voter.
Kansas Administrative Regulations › Agency 49 - DEPARTMENT OF LABOR › Article 11 - CONDUCT OF MAIL REFERENDUM BALLOT › Section 49-11-4 - Canvassing of ballots

Current through Register Vol. 43, No. 28, July 11, 2024
The return envelope will be checked against the eligible voters
						list. The large envelopes which are found to have been signed by an eligible
						voter will be opened and destroyed and the unsigned envelope extracted. Before
						counting, the unmailed envelopes shall be shuffled and their ballots then
						extracted. These ballots will be counted and, as in manual elections, observers
						will participate in checking the eligibility of the voters and the accuracy of
						the counting.
Kansas Administrative Regulations › Agency 49 - DEPARTMENT OF LABOR › Article 12 - JOINTLY CONDUCTED UNION-MANAGEMENT ELECTION › Section 49-12-1 - Degree of commissioner's authority at stipulated elections

Current through Register Vol. 43, No. 28, July 11, 2024
If a voter inadvertently spoils his ballot, he shall return the
						ballot to the observers of his polling place who shall deliver to him another
						ballot, preserving the spoiled ballot for the time of counting. The counting of
						the ballots shall take place as soon as the polls have been closed or as soon
						as it is practical to count the same: Provided, however, That the commissioner
						may on his own motion through his representative, keep the polls open as long
						as he deems necessary. The commissioner or his representative may announce the
						results of the election as soon as the complete results have been tabulated.
						The voter shall fold his ballot so that no part of the face thereof shall be
						exposed and, upon leaving the polling booth, return his ballot to the
						supervisor at the polling station who shall then deposit the ballot in the
						ballot boxes. All ballot boxes shall be examined and locked before the opening
						of the polls, not to be opened until the time of counting. If the election is
						to take several days, the ballot boxes shall be locked and remain so until the
						time of counting of said ballots. The commissioner reserves the privilege to
						have an observer or supervisor at each election to generally observe the manner
						the election is conducted and to insure the intent of the legislature in
						providing for secret elections.
Kansas Administrative Regulations › Agency 49 - DEPARTMENT OF LABOR › Article 12 - JOINTLY CONDUCTED UNION-MANAGEMENT ELECTION › Section 49-12-2 - Observers qualifications; waiver

Current through Register Vol. 43, No. 28, July 11, 2024
The collective bargaining unit and the employer may each
						designate a person to observe that the ballots are properly cast and voting
						properly conducted at each voting station. There shall be not more than one
						observer for each party. These observers are subject to such limitations as the
						commissioner or his supervisor may prescribe. Employer observers are limited to
						people in a nonsupervisory capacity. Collective bargaining unit observers shall
						not be union officials or business agents. However, either interested party may
						waive these restrictions and limitations as to the other. Any authorized
						observer or the commissioner or his representative may challenge for good cause
						the eligibility of any person to participate in the election.
Kansas Administrative Regulations › Agency 49 - DEPARTMENT OF LABOR › Article 12 - JOINTLY CONDUCTED UNION-MANAGEMENT ELECTION › Section 49-12-3 - Absentee balloting; assistance for disabled voter

Current through Register Vol. 43, No. 28, July 11, 2024
A ballot will be mailed to an individual eligible to vote upon
						notification to the commissioner in writing of his inability because of
						sickness, physical disability, geographical location due to his employment,
						leave of absence granted by the employer, or vacation granted by the employer,
						the same making it impossible for him to be physically present at the time of
						the election. This ballot shall be mailed by the voter to the address of the
						labor commissioner and the envelope containing the ballot will be opened at the
						time of the counting of the ballots and placed in the ballot box. Such ballots
						must be in the commissioner's office at least twenty-four (24) hours prior to
						the election or delivered to the election supervisor before the closing of the
						polls at the place of balloting in order to be counted. Whenever a voter at an
						election states under oath that he is physically unable or because of his
						inability to read or write that he cannot mark his ballot, the observers may
						assist him in the marking of the ballot.
Kansas Administrative Regulations › Agency 49 - DEPARTMENT OF LABOR › Article 12 - JOINTLY CONDUCTED UNION-MANAGEMENT ELECTION › Section 49-12-4 - Challenged voter

Current through Register Vol. 43, No. 28, July 11, 2024
In an election, if any person has been challenged as an
						unqualified voter, he shall be permitted to vote and the observers of that
						election shall set aside the ballot with appropriate markings.
Kansas Administrative Regulations › Agency 49 - DEPARTMENT OF LABOR › Article 12 - JOINTLY CONDUCTED UNION-MANAGEMENT ELECTION › Section 49-12-5 - Affidavit of compliance

Current through Register Vol. 43, No. 28, July 11, 2024
Immediately following the conclusion of balloting and prior to
						tabulating and counting of the ballots both interested parties, by responsible
						officers or officials of each, shall file an affidavit of compliance which
						affidavit shall be prepared and furnished by the commissioner's office and
						shall generally state that the election was conducted jointly pursuant to the
						rules of the commissioner and that in their opinion, the election was fairly
						conducted and held, but providing in said affidavit a listing for any specific
						complaints either party might have. Upon the affidavit being signed and sworn
						to before a notary public or official authorized to administer oaths, the
						affidavit of compliance shall be directed to the commissioner's representative
						or observer present at the election, if any. If not, a representative of each
						interested party shall jointly mail said affidavit in a sealed envelope
						addressed first-class mail to the commissioner at Topeka, Kansas.
Kansas Administrative Regulations › Agency 49 - DEPARTMENT OF LABOR › Article 12 - JOINTLY CONDUCTED UNION-MANAGEMENT ELECTION › Section 49-12-6 - Results forwarded to commissioner; contested ballot procedure

Current through Register Vol. 43, No. 28, July 11, 2024
After said affidavit of compliance has been mailed or delivered
						the parties shall then jointly count and tabulate the ballots. The results of
						said counting of ballots shall be certified to by both parties with any
						differences to be noted by special affidavit by either party that feels
						aggrieved, and a joint tally sheet shall be signed by both parties. The results
						of the election shall be placed in a sealed envelope and mailed first-class
						mail to the commissioner at Topeka. All contested ballots or challenged ballots
						shall be mailed to the commissioner by separate parcel or delivered to his
						supervisor or observer present at the election without being ruled upon by the
						interested parties' observers present at the election. The ballots shall be
						sealed and mailed to the commissioner's office under procedure to be given by
						the commissioner to the interested parties.
The commissioner shall certify the results of the election upon
						receipt of the various affidavits of compliance, tally sheets, ballots, and
						challenged ballots.
Kansas Administrative Regulations › Agency 49 - DEPARTMENT OF LABOR › Article 12 - JOINTLY CONDUCTED UNION-MANAGEMENT ELECTION › Section 49-12-7 - Savings clause

Current through Register Vol. 43, No. 28, July 11, 2024
Should any section, subsection, sentence, clause, phrase,
						provision, or exemption of these rules and regulations be declared invalid for
						any reason, such invalidity shall not affect the remaining portions or
						provisions hereof.
Kansas Administrative Regulations › Agency 49 - DEPARTMENT OF LABOR › Article 15 - ENFORCEMENT › Section 49-15-1 - Investigation

Current through Register Vol. 43, No. 28, July 11, 2024
The commissioner will not investigate charges when the parties
						are bound to the terms of a written agreement for the term of the agreement or
						July 1, 1973, whichever first occurs; or unless the legislature amends section
						5(c) [44-1105 (c)].
Kansas Administrative Regulations › Agency 49 - DEPARTMENT OF LABOR › Article 15 - ENFORCEMENT › Section 49-15-2 - Suit by commissioner, when

Current through Register Vol. 43, No. 28, July 11, 2024
Suits for restraint of violations of section 3 [K.S.A. 1970
						Supp. 44-1103 ] of the act will not be maintained by the labor commissioner
						unless the commissioner has determined that a practice exists in an
						establishment of discrimination affecting a group of employees as a class. The
						commissioner will not bring an action in behalf of an individual, unless he has
						reason to believe a previous settlement agreement is being violated. In this
						event the commissioner may petition as provided in section 5 [K.S.A. 1970 Supp.
						44-1105 ]. Therefore, individual complainants will be advised that after
						conciliation efforts by the commissioner have failed, the party should consult
						private counsel to initiate private litigation.
Kansas Administrative Regulations › Agency 49 - DEPARTMENT OF LABOR › Article 16 - RECORDS AND RETENTION › Section 49-16-1 - Wages and wage rates

Current through Register Vol. 43, No. 28, July 11, 2024
Retain all records including personal identifying information
						including name, age, address and gender. Record regular rate of pay and hourly
						rate when overtime hours are worked. Record total overtime excess compensation.
						Record total wages paid. Date of payment and pay period covered.
Kansas Administrative Regulations › Agency 49 - DEPARTMENT OF LABOR › Article 16 - RECORDS AND RETENTION › Section 49-16-2 - Posting of notice

Current through Register Vol. 43, No. 28, July 11, 2024
Every employer shall post the notice prescribed by the
						commissioner in a conspicuous place in every establishment where such employees
						are employed so they may readily observe the copy on the way to or from place
						of employment.
Kansas Administrative Regulations › Agency 49 - DEPARTMENT OF LABOR › Article 16 - RECORDS AND RETENTION › Section 49-16-3 - Preserve for two years

Current through Register Vol. 43, No. 28, July 11, 2024
From last date of entry, all those payroll or other records
						containing the payroll information and data concerning wages and wage rates,
						payment in kind and any other benefits and copies of collective bargaining
						agreements, plans, trusts, employment contracts, that provide pay benefits that
						are in addition to the regular rate of pay.
Kansas Administrative Regulations › Agency 49 - DEPARTMENT OF LABOR › Article 20 - WAGE PAYMENTS AND PROCEDURES FOR ENFORCEMENT › Section 49-20-1 - Definitions

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Authorized
					deductions, "accruing to the benefit of the employee", as used in
					K.S.A.
					44-319(a)(3), shall mean
					deductions from an employee's pay for which the employer has received a signed
					authorization from the employee for lawful deductions that do not in any way
					waive, set aside or contravene any rights created in
					K.S.A.
					44-313
et seq.
, as amend-ed.
(1) Authorized deductions shall include:
(A) Contributions to and recovery of
					overpayments under employee welfare and pension plans;
(B) contributions made under a collective
					bargaining agreement to employee welfare and pension plans that are not subject
					to the federal welfare and pension plans disclosure act. Such plans include,
					but are not limited to, group insurance plans, hospitalization insurance, life
					insurance plans approved by the Kansas commissioner of insurance, group
					hospitalization and medical service programs offered by nonprofit
					hospitalization and medical service organizations, and group medical insurance
					plans;
(C) deductions authorized
					in writing by employees or deduction by employers under a collective bargaining
					agreement for payments into:
(i)
					Company-operated thrift plans; or
(ii) stock option or stock purchase plans to
					buy securities of the employing or an affiliated corporation at market price or
					less, provided such securities are listed on a stock exchange or are marketable
					over the counter;
(D)
					deductions by employers for payment into employee personal savings accounts.
					Such payments include, but are not limited to, payments into credit unions,
					savings fund societies, savings and loan associations, building and loan
					associations, savings departments of banks for Christmas, vacations or other
					purposes, and payments for United States government bonds;
(E) contributions by the employee for
					charitable purposes;
(F)
					contributions to labor organizations for purposes of dues, assessments,
					initiation fees and other charges; and
(G) the actual cost to the employer of meals
					and lodging obtained from the employer, if the cost is not wages earned.