Kansas Board of Regents v. Pittsburg State University Chapter

I must respectfully dissent from Syllabi 6, 7, and 8, and the corresponding portions of the opinion written for the court.

This appeal presents a case of first impression on the construction of the Kansas Public Employer-Employee Relations Act, K.S.A. 75-4321 et seq. (PEER Act). However, both the trial court and this court on appeal have abdicated their responsibility to analyze the accuracy of the Public Employee Relations Board’s (PERB) construction of the PEER Act and deferred the *829matter to PERB, an administrative agency in the Executive Branch of government.

While the law presumes that…