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MICHIGAN AFL-CIO v. CIVIL SERVICE COM'N

Docket No. 102567, Calendar No. 5.

566 N.W.2d 258 (1997)

455 Mich. 720

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.

Supreme Court of Michigan.

Decided July 31, 1997.

Released for Publication August 1, 1997.

Attorney(s) appearing for the Case

Sachs, Waldman, O'Hare, Helveston, Bogas & McIntosh, P.C. by Andrew Nickelhoff and Theodore Sachs, Detroit, for plaintiffs-appellants.

Frank J. Kelley, Attorney General, Thomas L. Casey, Solicitor General, and Deborah Anne Devine, Assistant Attorney General, Lansing, for defendants-appellees.

Robert A. Sedler and Paul Denenfeld, Detroit, for amicus curiae American Civil Liberties Union Fund of Michigan.

OPINION

MICHAEL F. CAVANAGH, Justice.

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 both the political freedom act1 enacted by the Michigan Legislature.

I

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