COLLECTIVE BARGAINING FOR FIREFIGHTERS

KRS tit. XXVII, ch. 345

in effect

KRS 345.010 Definitions for chapter

345.010. Definitions for chapter When used in this chapter: (1) "Public employer" means a city of the first class or a consolidated local government, or any city that petitions the secretary of the Education and Labor Cabinet to be included by this chapter; (2) "Firefighter" means an employee of the public employer engaged in serving the public by providing fire protection, including those covered by KRS Chapter 95; (3) "Labor organization" means any chartered labor organization of any kind in which firefighters participate and which exists for the primary purpose of dealing with employers concerning grievances, labor disputes, wages, rate of pay, hours of employment, or conditions of employment; (4) "Exclusive representative" means the labor organization which has been designated by the State Labor Relations Board as the representative of the majority of firefighters in appropriate units or has been so recognized by the public employer; (5) "Board" means the State Labor Relations Board; (6) "Person" includes one (1) or more individuals, labor organizations, associations, corporations, legal representatives, trustees, trustees in bankruptcy, or receivers; (7) "Secretary" means the secretary of the Education and Labor Cabinet of the Commonwealth of Kentucky. Effective: July 1, 2022 History: Amended 2022 Ky. Acts ch. 236, sec. 169, effective July 1, 2022. -- Amended 2010 Ky. Acts ch. 24, sec. 1868, effective July 15, 2010. -- Amended 2002 Ky. Acts ch. 346, sec. 227, effective July 15, 2002. -- Amended 1998 Ky. Acts ch. 579, sec. 12, effective July 15, 1998. -- Amended 1990 Ky. Acts ch. 144, sec. 1, effective July 13, 1990. -- Amended 1984 Ky. Acts ch. 414, sec. 42, effective July 13, 1984. -- Created 1972 Ky. Acts ch. 120, sec. 3.

KRS 345.020 Policy and purpose

345.020. Policy and purpose (1) Whereas, the denial by some public employers of the right of firefighters to organize and the refusal by such employers to accept the procedure of collective bargaining leads to various forms of strife and unrest, with the consequent effect of obstructing public business. Unresolved disputes in the public service are injurious to the public, the governmental agencies involved, and the firefighters. (2) Whereas, experience has proved that protection by law of the right of public employees to organize and bargain collectively safeguards the public business from injury, impairment, or interruptions, and promotes public business by removing certain recognized sources of strife and unrest, by encouraging practices fundamental to the friendly adjustment of disputes arising out of differences as to wages, hours, or other working conditions, and by creating equality of bargaining power between employers and employees. (3) Whereas, it is hereby declared to be the policy of the State of Kentucky to eliminate the causes of certain substantial obstructions to public business and to mitigate and eliminate these obstructions when they have occurred by encouraging the practice and procedure of collective bargaining and by protecting the exercise by firefighters of full freedom of association, self-organization, and designation of representatives of their own choosing, for the purpose of negotiating the terms and conditions of their employment or other mutual aid or protection. History: Created 1972 Ky. Acts ch. 120, sec. 3.

KRS 345.030 Employees' right to organize for the purpose of collective bargaining

345.030. Employees' right to organize for the purpose of collective bargaining (1) Firefighters of a city of the first class shall have, and shall be protected in the exercise of, the right of self-organization, to form, join, or assist any labor organization, to bargain collectively through representatives of their own choosing on questions of wages, hours, and other conditions of employment free from interference, restraint, or coercion. (2) Labor organizations designated by the State Labor Relations Board as the representative of the majority of firefighters in an appropriate unit or recognized by a public employer as the representative of the majority of employees in an appropriate unit shall be the exclusive representative for the employees of such unit for the purpose of collective bargaining with respect to rates of pay, wages, hours, and other conditions of employment. (3) Labor organizations recognized by a public employer as the exclusive representative or so designated in accordance with the provisions of this chapter shall be responsible for representing the interest of all firefighters in the unit without discrimination. Effective: July 13, 1990 History: Amended 1990 Ky. Acts ch. 144, sec. 2, effective July 13, 1990. -- Created 1972 Ky. Acts ch. 120, sec. 4.

KRS 345.040 Duty to bargain collectively

345.040. Duty to bargain collectively The public employer and such labor organization as has been designated as exclusive representative of firefighters in an appropriate unit, through appropriate officials or their representatives, shall have the authority and the duty to bargain collectively. This duty extends to the obligation to bargain collectively as set forth in subsection (3) of KRS 345.050. History: Created 1972 Ky. Acts ch. 120, sec. 5.

KRS 345.050 Activities prohibited and duty to bargain in good faith

345.050. Activities prohibited and duty to bargain in good faith (1) Except as provided in KRS 336.130, public employers, their representatives or their agents are prohibited from: (a) Interfering, restraining or coercing firefighters in the exercise of the rights guaranteed in KRS 345.030; (b) Dominating or interfering with the formation, existence or administration of any labor organization; (c) Discriminating in regard to hiring or tenure of employment or any term or condition of employment to encourage or discourage membership in any labor organization; (d) Discharging or otherwise discriminating against an employee because he has signed or filed any affidavit, petition or complaint or given any information or testimony under this chapter; (e) Refusing to bargain collectively in good faith with a labor organization which is the exclusive representative of employees in an appropriate unit, including but not limited to the discussing of grievances with the exclusive representative. (2) Labor organizations or their agents are prohibited from: (a) Restraining or coercing: 1. Firefighters in the exercise of the right guaranteed in subsection (1) of KRS 345.030, and 2. A public employer in the selection of his representative for the purposes of collective bargaining or the adjustment of grievances; (b) Refusing to bargain collectively in good faith with a public employer, if they have been designated in accordance with the provisions of this chapter as the exclusive representative of firefighters in an appropriate unit. (3) For the purposes of this chapter, to bargain collectively is to carry out in good faith the mutual obligation of the parties, or their representatives; to meet together at reasonable times, including meetings in advance of the budget-making process; to negotiate in good faith with respect to wages, hours and other conditions of employment; to negotiate an agreement; to negotiate any question arising under any agreement; and to execute a written contract incorporating any agreement reached, if requested by either party. The obligation shall not be interpreted to compel either party to agree to a proposal, or require either party to make a concession. Effective:January 9, 2017 History: Amended 2017 Ky. Acts ch. 1, sec. 12, effective January 9, 2017. -- Created 1972 Ky. Acts ch. 120, sec. 6.

KRS 345.060 Election of exclusive representative

345.060. Election of exclusive representative (1) Whenever in accordance with such regulations and as may be prescribed by the State Labor Relations Board a petition has been filed: (a) By a firefighter or group of firefighters or any labor organization acting in behalf of 30 percent of the employees who have signed union affiliation cards and the union showing proof of representation: 1. Wish to be represented for collective bargaining by a labor organization as exclusive representative, or 2. Assert that the labor organization which has been certified or is currently being recognized by the public employer as bargaining representative is no longer the representative of the majority of employees in the unit; or (b) By the public employer alleging that one (1) or more labor organizations has presented to it a claim to be recognized as a representative of the majority of firefighters in an appropriate unit; the board shall investigate such petition, and if it has reasonable cause to believe that a question of representation exists, shall provide for an appropriate hearing upon due notice. If the board finds that there is a question of representation, it shall direct an election by secret ballot to determine whether or by which labor organization the firefighters desire to be represented and shall certify the result thereof. (2) The board shall decide in each case, in order to assure firefighters the fullest freedom in exercising the rights guaranteed by this chapter, the unit appropriate for the purposes of collective bargaining, based on such factors as community of interest, wages, hours, and other working conditions of the firefighters involved; the history of collective bargaining; and the desires of the firefighters. (3) An election shall not be directed in any bargaining unit or in any subdivision thereof within which in the preceding twelve (12) month period a valid election has been held. The board shall determine who is eligible to vote in the election and shall establish rules governing the election. In any election where none of the choices on the ballot receives a majority, a runoff shall be conducted, the ballot providing for the selection between the two (2) choices receiving the largest and the second largest number of valid votes cast in the election. A labor organization which receives the majority of the votes cast in an election shall be certified by the board as exclusive representative of all the firefighters in the unit. (4) Nothing in this or any other law shall be construed to prohibit recognition of a labor organization as the exclusive representative by a public agency by mutual consent. (5) No election shall be directed by the board in any bargaining unit where there is in force and effect a valid collective bargaining agreement. Provided, however, no collective bargaining agreement shall bar an election upon the petition of persons not parties thereto where more than three (3) years have elapsed since the execution of the agreement or the last timely renewal, whichever was later. History: Created 1972 Ky. Acts ch. 120, sec. 7.

KRS 345.070 Unfair labor practices and remedies therefor -- Hearing -- Final order -- Appeal to Circuit Court

345.070. Unfair labor practices and remedies therefor -- Hearing -- Final order -- Appeal to Circuit Court Violations of the provisions of KRS 345.050 shall be deemed to be unfair labor practices remedial by the board in the following manner. (1) Whenever it is charged by a public employer or a labor organization that any person has engaged in or is engaging in any unfair labor practices, the board, or any hearing officer designated by the board, shall conduct an administrative hearing in accordance with KRS Chapter 13B. (2) If upon the preponderance of the evidence presented the board is of the opinion that any person named in the charge has engaged in or is engaging in an unfair labor practice, then it shall issue a final order requiring him to cease and desist from the unfair labor practice, and to take any affirmative action including reinstatement of firefighters with or without back pay, as will effectuate the policies of this chapter. The final order may further require the person to make reports from time to time showing the extent to which he has complied with the order. If upon the preponderance of the evidence presented the board is not of the opinion that the person named in the charge has engaged in or is engaging in the unfair labor practice, then the board shall issue a final order dismissing the complaint. No final order shall issue based upon any unfair labor practice occurring more than six (6) months prior to the filing of the charge with the board, unless the person aggrieved thereby was prevented from filing the charge by reason of service in the Armed Forces, in which event, the six (6) month period shall be computed from the day of his discharge. No final order of the board shall require the reinstatement of any individual as a firefighter who has been suspended or discharged, or the payment to him of any back pay, if the individual was suspended or discharged for cause. (3) Until a final order has been appealed, the board at any time, upon reasonable notice and in the manner that it deems proper, may modify or set aside, in whole or in part, any final order made or issued by it. (4) The board or the charging party may petition for the enforcement of the final order and for appropriate temporary relief or restraining order in the Circuit Court for the county in which the violation occurred. (5) Any person aggrieved by a final order of the board may obtain a review of the final order by filing a petition in the Circuit Court assigned jurisdiction under subsection (4) of this section in accordance with KRS Chapter 13B. Effective: July 15, 1996 History: Amended 1996 Ky. Acts ch. 318, sec. 326, effective July 15, 1996. -- Created 1972 Ky. Acts ch. 120, sec. 8.

KRS 345.080 Petition for fact-finding panel upon deadlock -- Hearings -- Findings -- Expenses -- Rules

345.080. Petition for fact-finding panel upon deadlock -- Hearings -- Findings -- Expenses -- Rules (1) If after a reasonable period, but in no event less than thirty (30) days, of negotiations over the terms of a new collective bargaining agreement or modifications in an existing agreement the parties to the negotiations are deadlocked, either party or the parties jointly may petition the board, by certified mail, return receipt requested, or by registered mail, to initiate fact finding. (2) Upon receipt of a petition to initiate fact finding, the secretary shall cause an investigation to determine whether or not the parties are deadlocked in their negotiations. During the course of this investigation, the secretary is empowered to utilize his or her office in an effort to effectuate a settlement between the parties through mediation and conciliation. (3) Upon completion of the secretary's investigation, and if a settlement between the parties has still not been reached, the secretary shall within five (5) days appoint a qualified and disinterested person as the impartial chairman of a three (3) man panel to function as the fact finders. In addition to the impartial chairman, the other two (2) members of the panel shall be one (1) member named by the labor organization and one (1) by the employer, parties to the deadlocked negotiations. (4) Upon consultation with the other members of the panel, the impartial chairman shall establish dates and places for public hearings. Whenever feasible, public hearings shall be held within the jurisdiction in which the employer is located. The panel may subpoena witnesses, and a written transcript of the hearing shall be made. Upon completion of the hearings the panel shall, by majority decision, make written findings of fact and recommendations for solution of the dispute. The panel shall cause all of its written findings, recommendations, and opinions to be served on the employer and labor organization (parties) and same shall be released to the public. Expenses incurred by the three (3) man panel in this section shall be paid by the parties involved in the labor dispute. (5) The secretary may adopt, promulgate, amend, and rescind such rules and regulations as he or she deems necessary and administratively feasible not inconsistent with the provisions of this chapter to carry out his or her responsibilities over the fact-finding procedures set forth in this section. However, unless the parties agree to extend the time for the hearings, they must be completed with recommendations from the fact- finding panel, within one hundred twenty (120) days from the date the petition to initiate the fact-finding procedure was received by the secretary. Effective: July 15, 2010 History: Amended 2010 Ky. Acts ch. 24, sec. 1869, effective July 15, 2010. -- Amended 1998 Ky. Acts ch. 579, sec. 13, effective July 15, 1998. -- Amended 1974 Ky. Acts ch. 315, sec. 72. -- Created 1972 Ky. Acts ch. 120, sec. 9.

KRS 345.090 Representative of the public employer

345.090. Representative of the public employer Except as hereinafter provided, when a labor organization has been designated in accordance with the provisions hereof as the exclusive representative of firefighters in an appropriate unit, the chief executive officer of the political subdivision, whether elected or appointed, or his designated authorized representative or authorized representatives, shall represent the public employer in collective bargaining with such employee organization. History: Created 1972 Ky. Acts ch. 120, sec. 10.

KRS 345.100 Requirements for an agreement -- Enforcement in Circuit Court

345.100. Requirements for an agreement -- Enforcement in Circuit Court (1) Any agreement reached by the negotiators shall be reduced to writing and shall be executed by both parties. (2) An agreement between the public employer and a labor organization shall be valid and enforced under its terms when entered into in accordance with the provisions of this chapter and signed by the chief executive officer of the political subdivision or his representative. No publication thereof shall be required to make it effective. The procedure for the making of an agreement between a political subdivision and a labor organization provided by this chapter shall be the exclusive method of making a valid agreement for firefighters represented by a labor organization. (3) Suits for violation of agreements between a public employer and a labor organization representing firefighters may be brought by the parties to such agreement in the Circuit Court of the county of the employer or in cases where the state is the employer in the Franklin Circuit Court. Effective: January 2, 1978 History: Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 14, sec. 278, effective January 2, 1978. -- Created 1972 Ky. Acts ch. 120, sec. 11.

KRS 345.110 Public employer to withhold dues and deliver to bargaining unit

345.110. Public employer to withhold dues and deliver to bargaining unit Subject to the requirements set forth in KRS 336.135, upon the written authorization of any firefighters within a bargaining unit, the public employer shall deduct from the payroll of the public employee the monthly amount of dues as certified by the secretary of the exclusive bargaining representative and shall deliver the same to the treasurer of the exclusive bargaining representative. Effective:January 9, 2017 History: Amended 2017 Ky. Acts ch. 6, sec. 8, effective January 9, 2017. -- Created 1972 Ky. Acts ch. 120, sec. 12.

KRS 345.120 State Labor Relations Board

345.120. State Labor Relations Board (1) There is hereby created and established a State Labor Relations Board to assist in resolving disputes between public employers and firefighters or their labor organization which shall be composed of three (3) members appointed by the Governor, one (1) for a term of two (2) years, one (1) for a term of three (3) years, and one (1) for a term of four (4) years. The Governor shall designate one (1) member to serve as chairman of the board. Thereafter, upon the expiration of the term of any member, members shall be appointed for four (4) year terms by the Governor. (2) Each member of the board shall have been an elector in this state for at least one (1) year next preceding his or her appointment. Any member may be removed by the Governor for cause, shown in an administrative hearing conducted in accordance with KRS Chapter 13B. The Governor shall fill any vacancy by appointment for the unexpired term. No member shall receive a salary but each member shall be paid fifty dollars ($50) and expenses for each day during which he or she is engaged in the duties of the board. The board is authorized to hold hearings at any place in this state. Any and all expenses incurred by the Labor Relations Board shall be shared by all parties concerned in the dispute. (3) The board shall appoint employees necessary to carry out the work of the board. All files, records, and documents accumulated by the board shall be kept in offices provided by the board. All decisions shall be made by a majority of the board. (4) To accomplish the objectives and to carry out the duties prescribed by this chapter, the board may subpoena witnesses; issue subpoenas to require the production of books, papers, records, and documents which may be needed as evidence in any matter under inquiry; and administer oaths and affirmations. (5) In case of neglect or refusal to obey a subpoena issued to any person, the Circuit Court of the county in which the investigations or the public hearings are taking place, upon application by the board may issue an order requiring the person to appear before the board, any member, or agent, to produce evidence or give testimony about the matter under investigation. A failure to obey a court order may be punished by the court as a contempt. (6) Any subpoena, notice of hearing, or other process or notice of the board issued under the provisions of this chapter, with the exception of notice requirements for administrative hearings as provided in KRS Chapter 13B, may be served personally, by certified mail, return receipt requested, or by leaving a copy at the principal office or place of residence of the respondent required to be served. A return, made and verified by the individual making service and setting forth the manner of service, is proof of service and a returned post-office receipt, when certified mail is used, is proof of service. All process of any court to which application may be made under the provisions of this chapter may be served in the county in which the persons required to be served reside or may be found. (7) The board shall, promulgate, amend, or repeal any administrative regulations necessary and administratively feasible to carry out the provisions of this chapter. Public hearings shall be held by the board, pursuant to KRS Chapter 13A, on any proposed administrative regulation of general applicability designed to implement, interpret, or prescribe policy, procedure, or practice requirements under the provisions of this chapter and on any proposed change in an existing administrative regulation. (8) The board shall be attached to the Education and Labor Cabinet for administrative purposes. Effective:July 1, 2022 History: Amended 2022 Ky. Acts ch. 236, sec. 170, effective July 1, 2022. -- Amended 2010 Ky. Acts ch. 24, sec. 1870, effective July 15, 2010. -- Amended 1996 Ky. Acts ch. 318, sec. 327, effective July 15, 1996. -- Amended 1984 Ky. Acts ch. 414, sec. 43, effective July 13, 1984. -- Amended 1980 Ky. Acts ch. 114, sec. 97, effective July 15, 1980. -- Amended 1976 Ky. Acts ch. 299, sec. 87. -- Amended 1974 Ky. Acts ch. 315, sec. 73. -- Amended 1974 Ky. Acts ch. 308, sec. 60. -- Created 1972 Ky. Acts ch. 120, sec. 13.

KRS 345.130 Firefighter or labor organization not to participate in strike

345.130. Firefighter or labor organization not to participate in strike No firefighter shall engage in, and no firefighter labor organization shall sponsor or condone any strike. History: Created 1972 Ky. Acts ch. 120, sec. 15.

Source: Kentucky Legislative Research Commission (legislature.ky.gov)URL: https://apps.legislature.ky.gov/law/statutes/chapter.aspx?id=38925Fetched: 10/20/2026