January 29, 2013 at 12:35 pm
Gov. Snyder asks Supreme Court to rule on right to work
Snyder seeks Supreme Court's opinion on constitutionality as it applies to public sector workers
Lansing — Gov. Rick Snyder on Monday took the rare step of asking the Michigan Supreme Court to consider the constitutionality of the new public and private sector right-to-work laws before labor unions try to tie them up in court.
In a letter to Chief Justice Robert Young Jr., Snyder asked the high court to decide whether the public sector right-to-work law applies to the 35,000 unionized state workers because of the Michigan Civil Service Commission's autonomy to negotiate wages, benefits and working conditions with labor unions.
Snyder also asked the court to consider whether the private and public sector right-to-work laws violate the 14th Amendment equal protection clause of the United States Constitution "because the legislation does not apply to all employees in public or private sector bargaining units."
Republican lawmakers exempted the Michigan State Police and unionized police and firefighters, citing their special binding arbitration rights and concerns that making union membership optional would fracture police squads and firehouses.
Since Snyder and GOP lawmakers rushed right-to-work bills through the lame-duck Legislature in six days last month, legal questions have been raised about whether the law can force the Civil Service Commission to remove union security contract clauses requiring financial support of a union as a condition of employment. Right to work outlaws such provisions.
Snyder said he wants a Supreme Court advisory opinion before labor unions tie up the issue in protracted court battles and the state's current collective bargaining contract expires Dec. 31. Contract negotiations are set to begin this summer, Snyder said.
"This is a very time-sensitive question," Snyder wrote to the chief justice. Snyder said he wants the Supreme Court to consider the matter before its term ends July 31.
Going straight to the Supreme Court and sidestepping lower courts, particularly the Ingham County Circuit where Democrats often find favorable rulings, could be politically advantageous for Snyder, said Bill Ballenger, publisher of Inside Michigan Politics, a Lansing newsletter.
"He's kind of taking the bull by the horns and saying, 'OK, I hear the mutterings out there and we need to get this thing settled,'" Ballenger said.
With the recent resignation of Justice Diane Hathaway, Republicans hold a 4-2 majority on the Supreme Court, which could decide not to take up the case or not back the governor, GOP attorney Richard McLellan said.
"You might be very surprised at this opinion — it might not be partisan at all," said McLellan, who first raised questions about how the public sector law could apply to classified state employees under the Civil Service Commission's purview.
Bob McCann, spokesman for Senate Democratic Leader Gretchen Whitmer of East Lansing, said it's "probably not a coincidence" Snyder would ask for a Supreme Court opinion as he's preparing to give the GOP a 5-2 advantage with Hathaway's successor.
"It seems like he's trying to short-circuit the legal process on this one," McCann said.
The law goes into effect March 27.
Snyder appealed to the high court on the same day the Michigan State Police said troopers racked up an $802,956 tab guarding the state Capitol grounds during protests of right-to-work legislation in December.
In total, the State Police said it incurred $901,132 in added costs for overtime, travel, lodging, supplies and equipment for troopers dispatched Dec. 5-12 to the Capitol from across Michigan. Troopers logged $464,317 in wages for regular hours, bringing the agency's cost to beef up Capitol security during the lame-duck session to more than $1.7 million, according to a report released Monday.
"We mobilized troopers from every part of the state so as not to overly strain any one area," said Shanon Banner, spokeswoman for the Michigan State Police. "One of the reasons so much overtime was utilized was that most of the troopers who were mobilized were off-duty, as we did not want to leave other regions of the state unprotected."
On Dec. 6, Snyder announced he was reversing his position against passing a right-to-work law and the Republican-controlled Legislature moved quickly to send him the legislation Dec. 11 — when 12,500 people descended on the Capitol, mostly in protest of the law.
During the protests, State Police were helped by sheriff's deputies from Ingham and Clinton counties, police from Lansing, East Lansing and Michigan State University and the Department of Corrections. Ingham County provided volunteer deputies on horse-mounted patrol, while MSU police provided 40 officers through mutual aid.
Lansing police spent $31,404 on regular pay, overtime, equipment and supplies on Dec. 11, said Officer Robert Merritt. The Department of Corrections incurred $15,513 in overtime and $540 in vehicle expenses transporting state troopers, department spokesman Russ Marlan said.
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http://www.detroitnews.com/article/2...ule-right-work
