Wichita Public Schools Emp. Union, Local No. 513 v. Smith

• Decision Date: 12 December 1964
• Docket Number: A,No. 513,No. 43435,513,43435
• Citation: 194 Kan. 2,397 P.2d 357
• Parties: The WICHITA PUBLIC SCHOOLS EMPLOYEES UNION, LOCALppellant, v. Harold L. SMITH, Commissioner of Labor, (Leonard R. Williams, substituted as Commissioner of Labor), State of Kansas, Appellee.
• Court: Kansas Supreme Court

Page 357

397 P.2d 357

194 Kan. 2

The WICHITA PUBLIC SCHOOLS EMPLOYEES UNION, LOCAL No. 513, Appellant, v. Harold L. SMITH, Commissioner of Labor, (Leonard R Williams, substituted as Commissioner of Labor) State of Kansas, Appellee.

No. 43435.

Supreme Court of Kansas.

Dec. 12, 1964.

Syllabus by the Court

1. A school district is a political subdivision and its power and authority to contract as to qualifications, tenure, compensation and working conditions of its employees are exercised by or through legislative fiat.

2. The general rule recognized in this jurisdiction that statutes limiting rights or interests will not be interpreted to include the sovereign power, unless it be expressly named or intended by necessary implication, applies to statutes limiting the power to control qualifications, tenure, compensation and working conditions.

3. The statutes pertaining to employer and employee relations must be construed to apply only to private industry until such time as the legislature shows a definite intent to include political subdivisions.

4. The legislature did not intend to embrace political subdivisions in the term 'employer' as used in the employer and employee relations statute and make them subject to the provisions of G.S.1961 Supp. 44-816 providing for elections to select collective bargaining units.

Frank W. Hylton, Wichita, argued the cause and was on the briefs for appellant.

Park McGee, Asst. Atty. Gen., Topeka, argued the cause, and William M. Ferguson, Atty. Gen., of Topeka, was with him on the briefs for appellee.

HATCHER, Commissioner.

This is an appeal from an order sustaining a motion to quash a petition for an alternative writ of mandamus which sought to compel the State Labor Commissioner to hold an election to determine the bargaining unit for the employees performing custodial and maintenance tasks for the Board of Education of the City of Wichita.

The facts which are alleged in the petition may be summarized.

The plaintiff is an association of employees who are performing custodial and maintenance tasks for the Board of Education of the City of Wichita. A majority of such employees are members of the association. The members obtained a union charter from an international union which is sanctioned by the AFL-CIO. It is not disputed but what the union so chartered is a union within the general statutes of Kansas and the federal laws covering employer and employee relations.

In June, 1962, pursuant to G.S.1961 Supp. 44-816 and applicable rules and regulations of the State Labor Commission, the plaintiff filed a petition with the State Labor Commissioner requesting his determination of the proper bargaining unit for the custodial and maintenance employees of the Board of Education of the City of Wichita. G.S.1961 Supp. 44-816 insofar as material here provides as follows:

'Within sixty (60) days after the taking effect of this act, the state labor commissioner shall adopt rules and regulations governing the conduct and canvassing of elections for the selection of collective bargaining units, and by collective bargaining units relative to approval of all-union agreements, strikes, walk outs, or cessation of work or continuation thereof. * * *'

Rule 49-6-2 of the Rules and Regulations of the State of Kansas Department of Labor provides in part as follows:

'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 State Labor Commissioner informed the plaintiff that, based on the opinion of the Attorney General, he could not hold the election because the Board of Education of the City of Wichita was not an employer within the meaning of the word 'employer' as used in the state labor statutes. The plaintiff then filed its petition for an alternative writ of mandamus alleging the facts set out above in detail and praying for relief as follows:

'WHEREFORE, plaintiff prays for an order of this Court requiring the defendant, Hon. Harold L. Smith, Commissioner of Labor for the State of Kansas, to conduct forthwith among the custodial and maintenance employees of the Wichita Board of Education, Wichita, Kansas, an election for the purpose of selecting the bargaining unit, or appear and show cause why not, for the costs of this action, and for such other and further relief as the Court may deem just and equitable.'

The defendant, Harold L. Smith, State Labor Commissioner of Kansas, moved to quash the order to show cause which was issued in lieu of the alternative writ. Five reasons were argued why the relief prayed for should not be granted.

The trial court sustained the motion to quash on the following ground and did not consider the others:

'The plaintiff cannot maintain the instant suit for the further reason that the defendant is not authorized to conduct an election such as requested for the reason that the statutes governing conduct of such elections and labor management relations in general do not apply to the State of Kansas or any of its political subdivisions such as a school district.'

The plaintiff has appealed. Leonard R. Williams succeeded Harold R. Smith as State Labor Commissioner on June 1, 1963, and has been substituted as appellee in this appeal. A single question is presented for determination: Is the Board of Education of the City of Wichita an 'employer' within the meaning of...