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Michigan State AFL-CIO v. Michigan Civil Service Com'n7/31/1997
Docket No. 102567. Argued April 8, 1997 (Calendar No. 5). Decided July 31, 1997; released August 1, 1997.
Wayne Circuit Court, John H. Hausner, J.
MICHIGAN STATE AFL-CIO; INTERNATIONAL UNION, UNITED AUTOMOBILE, AEROSPACE AND AGRICULTURAL IMPLEMENT WORKERS OF AMERICA, AFL-CIO (UAW) AND ITS LOCAL 6000; MICHIGAN COUNCIL 25, AMERICAN FEDERATION OF STATE COUNTY AND MUNICIPAL EMPLOYEES (AFSCME) AFL-CIO; MICHIGAN CORRECTIONS ORGANIZATION; SEIU LOCAL 526-M; MICHIGAN STATE EMPLOYEES ASSOCIATION (MSEA); UNITED TECHNICAL SERVICE EMPLOYEES INTERNATIONAL UNION, AFL-CIO, CLC, individually and on behalf of their members who are employees in the State classified civil service; MARILYN LACLAIR and GLORIA HAJDUK-EMMONS, Plaintiffs-Appellants, v. MICHIGAN CIVIL SERVICE COMMISSION, MARTHA BIBBS, in her official capacity as State Personnel Director, and GEORGE G. MATISH, in his official capacity as Director, Office of the State Employer, Defendants-Appellees.
BEFORE THE ENTIRE BENCH
This is an appeal by the Michigan State AFL-CIO, challenging the validity of Civil Service Rule 1-5.7, modified effective July 14, 1988, prohibiting the use of union leaves of absence for partisan political activity. We hold that the revised rule violates the political freedom act enacted by the Michigan Legislature.
I.
This case presents a rather long, factual and procedural history. In December 1987, the United Auto Workers-Community Action Program (UAW CAP) and the Michigan Democratic Party sponsored a training seminar on election campaign strategies. The Office of the State Employer was given notice of the three-day seminar; however, it was unaware that the seminar would involve partisan political issues.
Fifty-six state employees who were members of the UAW Local 6000 attended the seminar. Thirty-seven employees used the union sponsored administrative leave buy-back program, under which the union reimbursed the state the net salary of the employees for the period of absence. Seventeen employees invoked the union officer leave, pursuant to a collective bargain, under which the union reimbursed the state for the gross total cost of the employee's wages and the employer's share of insurance premiums and retirement. One employee invoked the administrative leave bank 1, under which the employee suffered no loss of pay or benefits and one employee used his own time, which was not provided for under any leave arrangement.
In response to a letter from two Republican legislators, State Representative Frank Fitzgerald and Senator William Sederburg, the Civil Service Commission investigated the December 1987 meeting. As a result of the investigation, the commission issued a strong statement that partisan political activities are not to be engaged in by employees who are on administrative leave or who have been released from work under conditions specified for "union business" in bargaining agreements. The Department of Civil Service stated, "An employee using his or her authorized annual leave is not restricted, but annual leave used for partisan political purposes may not be 'bought back' under union business provisions . . . ."
As a result of the controversy over the December 1987 meeting, the commission revised its rule relating to the activity prohibited during work hours. The old rule provided:
1-5.7 Prohibited During Work Hours.- - -Activities permitted under Sections 1-5.1 and 1-5.5 shall not be engaged in by a classified employee during the hours the employee is on actual duty.[ ]
The new rule provides:
1-5.7 Prohibited During Work Hours.- - -Activities permitted under sections 1-5.1 and
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