PITTSBURG STATE UNIV. v. KANSAS BD. OF REGENTS

No. 91,305.

280 Kan. 408 (2005)

PITTSBURG STATE UNIVERSITY/KANSAS NATIONAL EDUCATION ASSOCIATION, Appellee, v. KANSAS BOARD OF REGENTS/PITTSBURG STATE UNIVERSITY and PUBLIC EMPLOYEE RELATIONS BOARD, Appellants.

Supreme Court of Kansas.

Opinion filed November 10, 2005.


Attorney(s) appearing for the Case

William Scott Hesse, assistant attorney general, argued the cause and was on the briefs for appellants.

John G. Mazurek, of Menghini, Menghini & Mazurek, LLC., of Pittsburg, Kansas, argued the cause, and David Schauner, general counsel, Kansas National Education Association, of Topeka, Kansas, was with him on the briefs for appellee.

Thomas E. Hayes, of The Spigarelli Law Firm, of Pittsburg, Kansas, David M. Rabban, Professor of Law and general counsel, of American Association of University Professors, of Austin, Texas, Ann D. Springer and Donna R. Euben, of American Association of University Professors, of Washington, D.C., and Robert A. Gorman, Professor of Law, Emeritus, of Philadelphia, Pennsylvania, were on the brief for amicus curiae American Association of University Professors.


The opinion was delivered by

LUCKERT, J.:

This case determines a narrow question of first impression: whether ownership of intellectual property rights is a subject preempted by state or federal law and, therefore, not mandatorily negotiable under the Public Employer-Employee Relations Act (PEERA), K.S.A. 75-4321, et seq. The issue arises from a complaint filed with the Public Employee Relations Board (PERB) by the Pittsburg State University/Kansas...

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