(1) Prohibited subjects of bargaining include but are not limited to the following:

     (a) Consideration of the merits, necessity, or organization of any service, activity, or program established by law or resolution of the employer, except for the terms and conditions of employment of faculty members who may be affected by such service, activity, or program.

     (b) The amount of any fees that are not a term or condition of employment.

     (c) Admission requirements for students, conditions for the award of certificates and degrees, and the content, methods, supervision, and evaluation of courses, curricula, and research programs.

     (2) Permissive subjects of bargaining include, but are not limited to, criteria and standards to be used for the appointment, promotion, evaluation, and tenure of faculty.

     (3) Nothing in this section shall be construed to limit the right of the employer to consult with any employee on any matter outside the scope of bargaining.

[2002 c 356 § 4.]