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WICHITA PUBLIC SCHOOLS EMPLOYEES UNION v. SMITH

No. 43,435

194 Kan. 2 (1964)

397 P.2d 357

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.

Supreme Court of Kansas.

Opinion filed December 12, 1964.

Attorney(s) appearing for the Case

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

Park McGee, Assistant Attorney General, of Topeka, argued the cause, and William M. Ferguson, Attorney General, of Topeka, was with him on the briefs for the appellee.

The opinion of the court was delivered by

HATCHER, C.:

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...

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