Olathe School District Negotiated Agreement

April 11, 2021

 We do not lull in conflicting evidence, pass on the credibility of witnesses or reposition factual issues.   See Meneley, 271 Kan. 387, 22 p.3d 124;  Unrau, 271 Kan. 747, 27 p.3d 1.   We also accept all findings drawn from the evidence that support or tend to support the findings of the District Court.  Graham v. State, 263 Kan. 742, 753-54, 952 pp. 2d 1266 (1998).   In accordance with these standards, the protocol reveals substantial competent evidence that supports the District Court`s finding that KANAAE exists for a negotiating purpose, with the legal element remaining defining an EEP. Douglas Barnett, President of KANAAE and founding member of the Board of Directors, announced a pre-founding goal of securing a place on the Professional Council, which because the Board plays the role of negotiating body for the school district.

, reflects the interest of KANAAE members in participating in professional negotiations.   In one of the brochures she wanted to distribute to the teachers of the Olathe, it was said: “KANAAE aims to increase the remuneration of educators.   Barnett, who qualifies as a KANAAE agent for his role as an incorporater, president and director, admitted that his goal was to take over from AAE ONEA as a professional negotiator in the district.   He also acknowledged that a future KANAAE Board of Directors could invalidate and negotiate the May 8, 2000 decision.   Finally, Barnett has also advised district teachers on several occasions, either by distributing leaflets or by creating an e-mail to drop their NEA membership and join KANAAE. We consider that the district court`s final decision to deny access to the postal system to KANAAE, since the use of trading information or related matters was the exclusive privilege of another OEP, the ONEA is sufficiently supported by factual findings based on relevant evidence. Unrau, 271 Kan. 747, 27 P.3d 1st.

KANAAE responded with evidence to support its assertion that it is not an EEP. For example, it refers to its resolution of 8 May 2000.   The Landgericht did not find this decision persuasive, however, because KANAAE expressly reserved the right to discuss issues, i.e. to discuss, advise and discuss with educational bodies – the definition of “professional negotiations” under the law.