Some Michigan sentencing rules struck down as illegal

LANSING, Mich. (AP) — The Michigan Supreme Court on Wednesday upheld a law requiring veteran state employees to contribute 4 percent of their pay to qualify for a full pension in retirement.

The Legislature exempted unionized Michigan State Police troopers and municipal police and firefighter unions from the right-to-work law.

The global Union, United Automobile, Aerospace, and Agricultural Implement Workers of America (UAW) challenged Gov. Rick Snyder, Attorney General Bill Schuette and members of the Michigan Employment Relations Commission on the constitutionality of Public Act 349 of 2012 (right-to-work).

“The commissions authority to regulate does not permit the commission to enact, amend, or maintain the laws of this state, ” Young wrote. But the Supreme Court said its decision was based on other grounds.

Writing for the majority, Chief Justice Robert Young Jr. rejected state unions contention that the Legislature could not alter employees “rates of compensation” or “conditions of employment” because the constitution gives only the commission that authority.

Kelly warned that the majority could be setting a precedent that leaves other longstanding powers of the civil service commission subject to a constitutional challenge.

The 6-1 ruling reversed a 2013 appeals court decision that declared the law unconstitutional. All four are Republican nominees.

“An employee does not have the option both to refrain from joining the labor organization that is his or her exclusive representative and to refuse to pay the service fee”, Kelly said.

At issue is a current commission rule allowing the state to deduct a service fee from a civil service employee if it is agreed to in a collective bargaining agreement.

In the dissent, Justice Mary Beth Kelly pointed out that the commission doesn’t collect the fees; the union does, meaning the fees constitute a regulation of an employment activity and are not a “quasi-tax”. “Otherwise, the employee would receive the benefit of the exclusive representatives mandated services without paying for those services.”.