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MICHIGAN EDUC. ASS'N v. SECRETARY OF STATE

Docket No. 137451. Calendar No. 7.

793 N.W.2d 568 (2010)

488 Mich. 18

MICHIGAN EDUCATION ASSOCIATION, Petitioner-Appellant, v. SECRETARY OF STATE, Respondent-Appellee.

Supreme Court of Michigan.

Decided December 29, 2010.

Attorney(s) appearing for the Case

White, Schneider, Young & Chiodini, P.C. (by Kathleen Corkin Boyle), Okemos, for petitioner.

Michael A. Cox, Attorney General, B. Eric Restuccia, Solicitor General, and Heather S. Meingast, Denise C. Barton, and Ann Sherman, Assistant Attorneys General, for respondent.

Foster, Swift, Collins & Smith, P.C. (by Eric E. Doster), Lansing, for amici curiae the Michigan Chamber of Commerce.

Sachs Waldman, P.C. (by Andrew Nickelhoff), Detroit, for amici curiae Michigan State AFL-CIO; SEIU Michigan State Council; and International Union, United Automobile, Aerospace, and Agricultural Implement Workers of America.

Patrick J. Wright, for amici curiae the Mackinac Center for Public Policy.

Opinion

HATHAWAY, J.

At issue in this case is whether a public school may administer payroll deductions for its employees who remit funds to the Michigan Education Association Political Action Committee (MEA-PAC), a segregated fund under MCL 169.255.

We conclude that the Court of Appeals clearly erred by holding that administration of a payroll deduction system is not allowed under Michigan law. We reverse the Court of Appeals' judgment because a...

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