Federal appeals court: Michigan can ban schools from collecting union dues

LANSING, MI ? A federal appeals court ruled that a Michigan law banning public schools from collecting union dues is constitutional.

The U.S. 6th Circuit Court of Appeals on Thursday reversed a preliminary injunction that prevented the law from being enforced in a 2-1 ruling.

Gov. Rick Snyder in March 2012 signed a law prohibiting school districts from deducting union dues and fees from employee paychecks. Unions would have to collect their own dues and fees from members rather than going through the school.

Teacher and school employee unions filed a lawsuit, contending the law is unconstitutional and is political retribution for promoting a ballot proposal to enshrine collective bargaining rights in the state constitution.

A U.S. District Court judge in June 2012 ruled in favor of the unions and granted a preliminary injunction against the law.

But appeals Judge Raymond Kethledge ruled that the law ?does not restrict speech; it does not discriminate against or even mention viewpoint; and it has nothing to do with a forum of any kind. Instead, the Act merely directs one kind of public employer to use its resources for its core mission rather than for the collection of union dues.?

Unions argued that it was unconstitutional because it doesn?t apply to other public employers, but Kethledge wrote that ?the Legislature could have concluded that it is more important for the public schools to conserve their limited resources for their core mission than it is for other state and local employers.?

Judge Julia Smith Gibbons agreed, while Judge Jane Branstetter Stranch dissented.

Stranch, in a longer explanation than the majority ruling, said the law ?impermissibly discriminates against school unions because Michigan disagrees with the positions they advocate.?

She referenced a House Fiscal Agency analysis that determined the law wouldn?t significantly impact districts because dues deductions are largely automated and unions reimburse the schools in some cases.

Officials with the governor?s and attorney general?s offices could not immediately be reached for comment. Phone calls to the Michigan Education Association and a union attorney who worked on the case were not immediately returned.

Email Melissa Anders at manders@mlive.com. Follow her on Google+ and Twitter: @MelissaDAnders. Download the MLive app for iPhone and Android.

Source: http://feedproxy.google.com/~r/michigan-news/~3/BWA0pGnj5kw/federal_appeals_court_michigan.html

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