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

CourtUnited States State Supreme Court of Kansas
Citation194 Kan. 2,397 P.2d 357
Docket NumberA,No. 513,No. 43435
PartiesThe 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.
Decision Date12 December 1964

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.

Page 358

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 [194 Kan. 3] 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...

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34 practice notes
  • City of San Diego v. American Federation of State etc. Employees
    • United States
    • California Court of Appeals
    • May 28, 1970
    ...194; Anderson Fed. of Teach. v. School City of Anderson, Ind., 251 N.E.2d 15, 17; Wichita Public Schools Emp. U., Local No. 513 v. Smith, 194 Kan. 2, 397 P.2d 357, 359--360; Board of Ed. of Community Unit Sch. Dist. v. Redding, 32 Ill.2d 567, 207 N.E.2d 427, 430; State Board of Regents v. U......
  • Petrella v. Brownback, Nos. 13–3334
    • United States
    • U.S. Court of Appeals — Tenth Circuit
    • June 1, 2015
    ...districts have only those powers delegated to them by the state legislature. See Wichita Pub. Sch. Emps. Union, Local No. 513 v. Smith, 194 Kan. 2, 397 P.2d 357, 359 (1964). Like its predecessor statutes, the SDFQPA delegates limited taxing authority to local school districts. It requires a......
  • Local 2238 of the American Federation of State, County and Municipal Employees, AFL-CIO v. Stratton, AFL-CI
    • United States
    • New Mexico Supreme Court of New Mexico
    • February 2, 1989
    ...House Food and Allied Workers Local No. 1258, 175 N.W.2d 110 (Iowa 1970); Wichita Pub. Schools Employees Union, Local No. 513 v. Smith, 194 Kan. 2, 397 P.2d 357 (1964); Board of Trustees v. Public Employees Council No. 51, AFSCME, 571 S.W.2d 616 (Ky.1978); School Comm. v. Easton Teachers As......
  • Joint School Dist. No. 1, City of Wisconsin Rapids v. Wisconsin Rapids Educ. Ass'n, No. 116
    • United States
    • United States State Supreme Court of Wisconsin
    • October 28, 1975
    ...399 U.S. 928, 90 S.Ct. 2243, 26 L.Ed.2d 794, and cases cited therein at page 17; Wichita Public Schools Employees Union v. Smith (1964), 194 Kan. 2, 397 P.2d 357; Biddeford v. Biddeford Teachers Ass'n (Me.1973), 304 A.2d 11 See Municipal Employment Relations Act, sec. 111.70 et seq., States......
  • Request a trial to view additional results
34 cases
  • City of San Diego v. American Federation of State etc. Employees
    • United States
    • California Court of Appeals
    • May 28, 1970
    ...194; Anderson Fed. of Teach. v. School City of Anderson, Ind., 251 N.E.2d 15, 17; Wichita Public Schools Emp. U., Local No. 513 v. Smith, 194 Kan. 2, 397 P.2d 357, 359--360; Board of Ed. of Community Unit Sch. Dist. v. Redding, 32 Ill.2d 567, 207 N.E.2d 427, 430; State Board of Regents v. U......
  • Petrella v. Brownback, Nos. 13–3334
    • United States
    • U.S. Court of Appeals — Tenth Circuit
    • June 1, 2015
    ...districts have only those powers delegated to them by the state legislature. See Wichita Pub. Sch. Emps. Union, Local No. 513 v. Smith, 194 Kan. 2, 397 P.2d 357, 359 (1964). Like its predecessor statutes, the SDFQPA delegates limited taxing authority to local school districts. It requires a......
  • Local 2238 of the American Federation of State, County and Municipal Employees, AFL-CIO v. Stratton, AFL-CI
    • United States
    • New Mexico Supreme Court of New Mexico
    • February 2, 1989
    ...House Food and Allied Workers Local No. 1258, 175 N.W.2d 110 (Iowa 1970); Wichita Pub. Schools Employees Union, Local No. 513 v. Smith, 194 Kan. 2, 397 P.2d 357 (1964); Board of Trustees v. Public Employees Council No. 51, AFSCME, 571 S.W.2d 616 (Ky.1978); School Comm. v. Easton Teachers As......
  • Joint School Dist. No. 1, City of Wisconsin Rapids v. Wisconsin Rapids Educ. Ass'n, No. 116
    • United States
    • United States State Supreme Court of Wisconsin
    • October 28, 1975
    ...399 U.S. 928, 90 S.Ct. 2243, 26 L.Ed.2d 794, and cases cited therein at page 17; Wichita Public Schools Employees Union v. Smith (1964), 194 Kan. 2, 397 P.2d 357; Biddeford v. Biddeford Teachers Ass'n (Me.1973), 304 A.2d 11 See Municipal Employment Relations Act, sec. 111.70 et seq., States......
  • Request a trial to view additional results

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