The District Court`s finding that KANAAE consists in all or part of professional negotiations with the governing bodies and the admission of professional agents by KANAAE is sufficient to support the Tribunal`s legal conclusion that KANAAE is a “professional organization” as defined by the bargaining law. More than two years later, on August 13, 1998, Barnett, as an incorporater and president of KANAAE, asked the district superintendent of schools to use the postal system to distribute the brochure of members of his newly created organization. According to Barnett`s brochure, ONEA members were encouraged to lose their membership and join kanAAE for hundreds of dollars less per year, while they still enjoyed similar benefits. The booklet also advised potential members of KANAAE`s goal of “improving the professional status and remuneration of educators” “without the social agenda of the union [ONEA]” and stated that it was time to vote for a new voice for Teachers in Kansas. The borough again rejected the application, again citing the agreement negotiated with the ONEA. We begin by re-examining different provisions of the negotiations act. As has already been said, this is a legal system based on the concept of two distinct groups: the Education Council as an employer and an PUTO on behalf of professional workers who conduct professional negotiations to reach an agreement in their mutual interest, by fixing, maintaining, protecting or improving the conditions of professional service for workers. K.S.A. 72-5413 (e), f and (g); K.S.A. 72-5414; K.S.A.
72-5421; K.S.A. 72-5430 (b) (5) and c) (3). In accordance with this concept, the law also provides that when a majority of professional agents of the bargaining unit chooses a representative for negotiation purposes, “that representative is the exclusive representative of all professional agents of the unit for that purpose.” K.SA 72-5415 (a). While workers, individually or collectively, can still present or make their positions or proposals known to the Board of Directors, the right to effectively negotiate with the bargaining unit remains exclusively in the bargaining unit. KANAAE recognizes that the right to negotiate has been the exclusive domain of ONEA since 1970.