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FHSU v. AAUP

No. 99,021.

228 P.3d 403 (2010)

FORT HAYS STATE UNIVERSITY, Appellant/Cross-appellee, v. FORT HAYS STATE UNIVERSITY CHAPTER, AMERICAN ASSOCIATION OF UNIVERSITY PROFESSORS, Appellee/Cross-appellant, and The Kansas Public Employee Relations Board, Appellee/Cross-appellee. Fort Hays State University Chapter, American Association of University Professors, Plaintiff, v. Fort Hays State University and The Kansas Public Employee Relations Board, Defendants.

Supreme Court of Kansas.

April 22, 2010.

Attorney(s) appearing for the Case

Todd D. Powell, general counsel, of Fort Hays State University, argued the cause, and Wm. Scott Hesse, assistant attorney general, was with him on the briefs for appellant/cross-appellee.

Lawrence G. Rebman, of Rebman & Associates, LLC, of Kansas City, Missouri, argued the cause and was on the briefs for appellee/cross-appellant Fort Hays State University Chapter, the American Association of University Professors.

Darren E. Root, staff attorney, of Kansas Department of Labor, argued the cause, and A.J. Kotich, general counsel, was with him on the briefs for appellee/cross-appellee Kansas Public Employees Relations Board.

Mark A. Kistler and Steve A.J. Bukaty, of Steve A.J. Bukaty, Chartered, of Overland Park, were on the brief for amicus curiae Kansas State Lodge of the Fraternal Order of Police.

The opinion of the court was delivered by BILES, J.:

By appeal and cross-appeal, all parties challenge rulings concerning a money damages award ordered by the Public Employee Relations Board (PERB or the Board) to accompany findings that Fort Hays State University (FHSU) engaged in prohibited labor practices under the Public Employer-Employee Relations Act (PEERA), K.S.A. 75-4321 et seq. The university challenges the agency's statutory authority to impose money...

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