Kansas Ass'n of Public Employees v. Kansas, Department of Human Resources

MEMORANDUM AND ORDER

SAFFELS, District Judge.

This matter is before the court on defendants’ motion to dismiss for lack of subject matter jurisdiction. Fed.R.Civ.P. 12(b)(1).1 Plaintiff filed this action to obtain review of the constitutionality of K.S.A. 44-801 and the January 9, 1990 decision of defendant Ray D. Siehndel, Secretary of the Department of Human Resources, rejecting plaintiffs application for bargaining unit determination and representative election filed on behalf of employees working in the judicial branch of the State of Kansas. In its complaint, plaintiff alleges that…