 |
 |
to fill out a simple form to connect to Employee Leasing Services in your area.
|
|
|
|
|
Associated Builders and Contractors v. Director7/19/2005
oting:
Plaintiffs argue that, because the Department of Labor [now the Department of Consumer & Industry Services (CIS) ] is statutorily required to set the prevailing wage rate at union rate, the Legislature has unconstitutionally delegated its power to a private party. We cannot agree.
Article 4, ยง 1, of the Michigan Constitution prohibits the delegation of "legislative power". The Michigan doctrine of non-delegation has been expressed in terms of a "standards" test:
" 'There is no doubt that a legislative body may not delegate to another its lawmaking powers. It must promulgate, not abdicate. This is not to say, however, that a subordinate body or official may not be clothed with the authority to say when the law shall operate, or as to whom, or upon what occasion, provided, however that the standards prescribed for guidance are as reasonably precise as the subject matter requires or permits.' (Emphasis supplied.)" Detroit v Detroit Police Officers Ass'n, 408 Mich 410, 458; 294 NW2d 68 (1980), quoting Osius v St Clair Shores, 344 Mich 693, 698; 75 NW2d 25 (1956).
The preciseness of the standards will vary in proportion to the degree to which the subject regulated requires constantly changing regulation. Dep't of Natural Resources v Seaman, 396 Mich 299, 309; 240 NW2d 206 (1976). As stated by the Court in G F Redmond & Co v Michigan Securities Comm, 222 Mich 1, 5; 192 NW 688 (1923):
"The power to carry out a legislative policy enacted into law under the police power may be delegated to an administrative board under quite general language, so long as the exact policy is clearly made apparent, and the administrative board may carry out in its action the policy declared and delegated * * * . This marks the line between arbitrary officiousness and the exercise of delegated power to carry out a designated policy under the police power."
In Male v Ernest Renda Contracting Co, Inc, 122 NJ Super 526; 301 A2d 153 (1973), aff'd 64 NJ 199; 314 A2d 361 (1974), cert den 419 US 839; 95 S Ct 69; 42 L Ed 2d 66 (1974), the court reversed the trial court's finding that the New Jersey prevailing wage act was unconstitutional as an unlawful delegation of legislative power to a private party. Under the New Jersey act, the Commissioner of Labor established the prevailing wages for state projects from collective bargaining agreements. The Commissioner did not adopt any further rules or regulations but took the collective bargaining agreement that covered the majority of the workers in the locality and used the wages in that agreement as the prevailing rate. In holding that the statute was not unconstitutional, the appellate court reasoned:
"We do not find that the act, or the Commissioner's interpretation thereof, presents a problem of delegation of legislative power. As we view the act, the Commissioner has not been delegated power to perform a legislative function; rather, he has merely been granted the power, as a matter of legislative convenience, to determine a set of facts, i.e., the wage rates established under collective bargaining agreements in given circumstances. The Legislature has determined, for reasons set forth in section 1 of the act (NJSA 34:11-56.25), that the wages paid under collective bargaining agreements negotiated between labor unions representing a majority of the workmen engaged in the trade under collective bargaining agreements and their employers shall be the wages paid in the performance of public work. That public policy determination was for the Legislature. We find no constitutional bar thereto. To conclude, as the trial judge did, that under such a scheme 'the public is not sufficiently protected against s
Page 1 2 3 4 5 6 7 8 9 10 11 Michigan Employee Leasing Services
Employee Leasing Services
|
| |
to fill out a simple form to connect to Employee Leasing Services in your area.
|
|