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eBook details

• Title: Ball v. City Detroit
• Author : Court of Appeals of Michigan
• Release Date : January 05, 1978
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 57 KB

Description

In 1970 Robert Ball and 64 others filed suit on behalf of themselves and all others similarly situated against the City of Detroit, the Detroit Civil Service Commission, the American Federation of State, County and Municipal Employees, District Council 77, and others challenging the union's right, under an ""agency shop"" clause of the master contract entered into between the city and the union, to compel payment of an ""agency shop service fee"" by nonmember employees in an amount equal to membership dues. In 1972 the Michigan Supreme Court held that ""agency shop provisions"" were contrary to the public employees relations act (Smigel v Southgate Community School District, 388 Mich 531; 202 NW2d 305 [1972]). In early 1973 an injunction was issued restraining defendants from enforcing the agency shop provisions of the collective bargaining agreements. In June, 1973, the language of the act was amended to relieve the statute from the interpretation in Smigel. The city and the union thereupon entered into a new agency shop agreement in a ""memorandum of understanding"", and the city sent notices to all employees in the bargaining unit of Council 77 that they must either join the union, pay the agency shop service fee or face dismissal. A supplemental injunction stopped defendants from enforcing the agency shop provision and from dismissing employees for not paying, pending the outcome of the suit. The Wayne Circuit Court, George Martin, J., entered judgment providing: (a) the agency shop agreement is not unconstitutional; (b) refunds to 277 employees for deductions made illegally prior to amendment of the act; (c) refunds to seven named plaintiffs, who had proven their objections to the union's use of service fees for political purposes, in an amount of one percent of the service fee subsequent to the amendment; (d) a future reduction of the service fee payable by those seven employees; (e) that the lawsuit was not a class action for purposes of restitution to those who did not testify and prove their claim; (f) that after the act's amendment, all employees must either pay union dues or service fees or face dismissal; (g) judgments of no cause of action against the city, the Detroit Civil Service Commission and others; and (h) for dissolution of the injunction enjoining collection of service fees and discharging employees who didn't pay. Plaintiffs appeal. Held : 1. The ""exhaustion of remedies"" doctrine does not preclude recourse to Michigan courts where fundamental constitutional rights are asserted.

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