Michigan justices to weigh right-to-work law

Lansing — Michigan’s two-year-old right-to-work law will face the scrutiny of the Michigan Supreme Court during oral arguments Tuesday over a union lawsuit challenging whether the law applies to state workers.

The lawsuit brought by the United Auto Workers union just before the law took effect in March 2013 contends the law violates the constitutional autonomy of Michigan’s Civil Service Commission, which negotiates compensation and conditions of employment for most state workers.

Attorney General Bill Schuette has argued that only the Legislature, not the commission, has power over the “conditions of employment” for state workers.

Tuesday’s hearing marks the first time the justices will hear a legal challenge to the controversial law, which banned provisions in union contracts requiring employees to contribute fees to unions that represent them.

UAW attorneys contend the Civil Service Commission should have the “exclusive authority” to continue collecting agency fees from union-eligible employees in future contracts – a condition of employment that the Legislature banned through the right-to-work law.

The Michigan Court of Appeals previously sided with the Legislature and Gov. Rick Snyder, ruling that the law does apply to some 35,000 state workers covered by the Civil Service Commission’s jurisdiction.

The Legislature specifically exempted the Michigan State Police and other police officers and firefighters.

Also on Tuesday, the justices will hear oral arguments in another legal challenge state unions brought against a 2011 law that required 18,000 state employees hired before 1997 to contribute 4 percent of their pay to the pensions or switch to the state’s 401(k) defined contribution plan.

The Supreme Court this week is holdings its first oral arguments of the new year. The high court is now broadcasting those proceedings online while court is in session and the seven justices are on the bench.

clivengood@detroitnews.com

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