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Hastings Law Journal

Abstract

In the recent CMU decision, the Michigan Supreme Court advanced its solution to a vexatious question facing courts today-defining the scope of negotiations for public university faculty collective bargaining. By applying a standard which reflects the private sector concept of an employer's bargaining obligation, the court has compelled public universities to bargain over subjects which may greatly affect academic policy. This Note concludes that the CMU solution is inappropriate and unwise for public higher education, and recommends an approach which balances the faculty employment aspects of a negotiation topic with its educational policy implications before including it within the university's scope of bargaining.

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