Legal Opinion · Dissent

Kansas Ass'n of Public Employees v. Public Employee Relations Board

Court of Appeals of Kansas

Decided August 18, 1989No. 63,128Published

1DissentRees, J.

whether the Public Employer-Employee Relations Act (PEERA) applies to the judicial branch and its employees and, if so, whether application of PEERA to the judicial branch violates the constitutional doctrine of separation of powers. The district court decision, finding PEERA applicable and no violation of separation of powers, should be affirmed.

Substantial case law leads to resolution of the first of the two questions raised in the district court and now on appeal.

“When a statute is plain and unambiguous the court must give effect to the intention of the legislature as expressed, rather…

2Cases cited32 opinions

  1. Forrester v. WhiteSupreme Court of the United States · 1988
  2. Judges of the 74th Judicial District v. Bay CountyMichigan Supreme Court · 1971
  3. Zylstra v. PivaWashington Supreme Court · 1975
  4. State Ex Rel. Schneider v. BennettSupreme Court of Kansas · 1976
  5. County of Kane v. CarlsonIllinois Supreme Court · 1987

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