Michigan Association of Governmental Employees v. State of Mi

Order Michigan Supreme Court
Lansing, Michigan
May 25, 2016 Robert P. Young, Jr.,
Chief Justice
147511 & (58) Stephen J. Markman
Brian K. Zahra
Bridget M. McCormack
David F. Viviano
Richard H. Bernstein
MICHIGAN ASSOCIATION OF Joan L. Larsen,
GOVERNMENTAL EMPLOYEES, Justices
Plaintiff-Appellee,
v SC: 147511
COA: 304920
Ct of Claims: 10-000037-MK
STATE OF MICHIGAN and OFFICE OF
THE STATE EMPLOYER,
Defendants-Appellants.
_________________________________________/
On May 4, 2016, the Court heard oral argument on the application for leave to
appeal the June 20, 2013 judgment of the Court of Appeals. On order of the Court, the
application is again considered. MCR 7.305(H)(1). In lieu of granting leave to appeal,
we REVERSE the judgment of the Court of Appeals and we REMAND this case to the
Court of Claims for issuance of an order granting summary disposition in favor of the
defendants on Count I of the Complaint. The Civil Service Commission has “plenary and
absolute” authority to set rates of compensation and to determine the procedures by
which it makes those compensation decisions. See UAW v Green, 498 Mich. 282, 288
(2015). The consensus agreement purports to bind the parties to jointly recommend
certain wage increases for civil service employees, and was part of the process by which
the Civil Service Commission fixed rates of compensation. The plaintiff’s breach of
contract claim arises out of the exclusive constitutional authority of the Civil Service
Commission to “fix rates of compensation” for the classified service. Const 1963, art 11,
§ 5. Judicial incursion into that process is “unavailing.” Council No 11, AFSCME v Civil
Service Comm, 408 Mich. 385, 408 (1980). The motion to supplement the record is
considered, and it is DENIED. Evidence regarding the amount of damages is irrelevant
because the controversy fell exclusively within the purview of the Civil Service
Commission.
I, Larry S. Royster, Clerk of the Michigan Supreme Court, certify that the
foregoing is a true and complete copy of the order entered at the direction of the Court.
May 25, 2016
t0518
Clerk