In Kansas, the law relating to farm labor can be found in K.S.A. § 44-125 through K.S.A. § 44-129 and K.S.A. § 44-818 through K.S.A. § 44-830.  K.S.A. § 44-125 through K.S.A. § 44-129 deal with migrant workers.  K.S.A. § 44-818 through K.S.A. § 44-830 deal with agricultural labor relations.

Pursuant to K.S.A. § 44-126, any employer employing migrant workers shall make payment of wages directly to the individual worker and no such payment shall be made to a crew chief.  The crew chief who brings a migrant worker shall register with a local Kansas state employment service office[i].  The information filed with the local Kansas state employment service office shall be made available to the public upon request[ii].  The crew chief found to be in violation of the above provisions is guilty of a class C misdemeanor and shall cease to operate as a crew chief in Kansas for a period of 2 years[iii].

Pursuant to K.S.A. § 44-820, the agricultural labor relations board is created which shall be activated only when a complaint is filed with the secretary of agriculture alleging the existence of a controversy.  The board shall establish procedures for the prevention of prohibited agricultural employer and employee organization practices and hold such hearings and make such inquiries as it deems necessary to properly carry out its functions and powers.

Pursuant to K.S.A. § 44-821, agricultural employees shall have the right to form, join, and participate in the activities of employee organizations of their own choosing, for the purpose of meeting and conferring with agricultural employers or their designated representatives with respect to grievances and conditions of employment.  No agricultural employee may be required to join an employee organization as a condition of his employment; and every agricultural employee shall have the right to refuse to join or participate in the activities of employee organizations.

Pursuant to K.S.A. § 44-822, an agricultural employer shall have the right to manage his or her own production operations including all decisions as to the equipment and materials used to grow and market his or her crops and all determinations as to the crops to be produced.  Such an employer shall also have the right to employ himself or herself or a member of his family, on his or her own operations and at all times to speak freely to his or her employee in regard to these matters.  An agricultural employee may:

1) Direct the work of his employees;
2) Hire, promote, demote, transfer, assign and retain employees;
3) Suspend or discharge employees for cause;
4) Maintain the efficiency of operations;
5) Relieve employees from duties because of lack of work or for other legitimate reasons;
6) Determine the methods, means and personnel by which operations are to be carried on.

Pursuant to K.S.A. § 44-824, an agricultural employer shall extend to a certified employee organization the right to represent the employees, of the appropriate unit involved in meet and confer proceedings and in the settlement of grievances, and also shall extend the right to unchallenged representation status, during the 12 months following the date of certification or formal recognition.  A certified employee organization shall be obligated to fully and equally represent all employees of the appropriate unit involved whether said employees do or do not have membership in the employee organization.

Pursuant to K.S.A. § 44-826, 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. In the absence of such memorandum of procedures, 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.  If the parties have not resolved the impasse by the end of a 40 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 render a final order which shall be binding on the employee organization and the agricultural employer, subject to judicial review.

K.S.A. § 44-828 specifies the prohibited practices for an agricultural employee or his or her designated representative, and agricultural employees and employee organizations.  Prohibited practices for an employer include interfere, restrain or coerce agricultural employees in the exercise of rights, encourage or discourage membership in any employee organization, refuse to meet and confer in good faith with representatives of certified or formally recognized employee organizations, , interfere in the formation, or administration of any employee organization and institute or attempt to institute a lockout.  Prohibited practices for an employee and organization include interfere with, restrain, discriminate against or coerce agricultural employees in the exercise of any of the rights granted to them, interfere with an agricultural employer with respect to management rights, cause an employer to discriminate against an employee because of membership or non-membership in any employee organization, refuse to meet and confer in good faith with an agricultural employer, engage in a strike during a critical period and engage in a secondary boycott.

Any controversy concerning prohibited practices may be submitted to the board. Proceedings against the party alleged to have committed a prohibited practice shall be commenced by service upon it by the board of a written notice, together with a copy of the charges.  The accused party shall have seven days within which to serve a written answer to such charges.  Hearings on prohibited practices shall be conducted in accordance with the provisions of the Kansas administrative procedure act.  The board shall either dismiss the complaint or determine that a prohibited practice has been or is being committed.  If the board finds that the party accused has committed or is committing a prohibited practice, the board shall make findings and shall file them in the proceedings.  Any action of the board is subject to review and enforcement in accordance with the act for judicial review and civil enforcement of agency actions.  The board is authorized to file a petition in the district court to enforce its final orders until such time as they are modified or set aside by the court.  In the event there is an alleged violation of either subsection (b)(8) of K.S.A. 44-828 or subsection (c)(6), (7) or (8) of K.S.A. 44-828, and amendments thereto, the aggrieved party is authorized to seek relief in district court, including injunctions, contempt citations, fines and allied remedies, while proceedings on such prohibited practices are pending before the board.  Any ruling of the district court shall remain in effect until set aside by the court on motion of the parties or of the board or upon review of the board’s order[iv].  Any agricultural employer, agricultural employee or employee organization may sue for damages resulting from a lockout, strike or secondary boycott[v].

[i] K.S.A. § 44-127.

[ii] K.S.A. § 44-128.

[iii] K.S.A. § 44-129.

[iv] K.S.A. § 44-829.

[v] K.S.A. § 44-830.