STATE OF MICHIGAN IN THE COURT OF APPEALS UAW, UAW LOCAL 6000, MICHIGAN CORRECTIONS ORGANIZATION, SEIU LOCAL 526M,

MICHIGAN PUBLIC EMPLOYEES, SEIU LOCAL 517M, MICHIGAN STATE EMPLOYEES ASSOCIATION, AFSCME LOCAL 5, Plaintiffs, v

Court of Appeals No. 314781

RECEIVED by Michigan Court of Appeals 3/19/2013 4:15:24 PM

NINO ERWIN GREEN, EDWARD D. CALLAGHAN, ROBERT LABRANT, GOVERNOR OF MICHIGAN, ATTORNEY GENERAL, STATE OF MICHIGAN, Defendants. /

DEFENDANTS ANSWER TO COMPLAINT FOR DECLARATORY RELIEF Defendants Nino Erwin Green, Edward D. Callaghan, Robert LaBrant, Attorney General Bill Schuette and Governor Rick Snyder answer Plaintiffs Complaint for Declaratory Relief as follows: 1. Defendants admit that this is an action for declaratory relief; admit

that Defendants Snyder and Schuette have publicly stated their opinions that 2012 PA 349 applies to the state classified civil service; admit that Governor Snyder has requested an advisory opinion from the Supreme Court as to whether application of 2012 PA 349 to the civil service violates Article 11, 5; admit that this Court has exclusive jurisdiction over any action challenging the validity of subsection (3), (4),

or (5); and, admit that this action shall be heard in an expedited manner. Defendants deny the remaining allegations in paragraph one for the reason they are based on incorrect statements of fact or on speculation and conjecture and, thus, are not true. 2. Defendants admit the Court has original jurisdiction to expeditiously

hear and decide challenges to the validity of 2012 PA 349, (3), (4) and (5). Defendants deny the Court has jurisdiction over the claims against Defendants

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Green, Callaghan, LaBrant, Governor Snyder and Attorney General Schuette because their opinions, conduct and actions in implementing and enforcing the law are not related to the validity of 2012 PA 349 (3), (4) and (5). 3. 4. 5. 6. 7. 8. Admitted on information and belief. Admitted on information and belief. Admitted on information and belief. Admitted on information and belief. Admitted on information and belief. Defendants neither admit nor deny the allegations being without

sufficient information to formulate a response. 9. 10. 11. 12. 13. Admitted. Admitted. Admitted. Admitted. Admitted.

14.

Defendants admit paragraph 14 accurately quotes a portion of Const

1963, art 11, 5. 15. 16. Admitted. Defendants admit paragraph 16 accurately quotes a portion of the

decision in AFSCME Council 11 v Civil Service Commn, 408 Mich 385 (1980). Defendants deny the allegations in paragraph 16 for the reason they are based on incorrect statements of law and, thus, are not true.

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17.

Defendants deny the allegations for the reason they are based on

incorrect statements of law and, thus, are not true. 18. 19. Admitted. Defendants deny the allegations for the reasons they are based on a

misstatement and/or misapplication of Rule 6-7.2. Nothing in Rule 6-7.2 compels the employer to negotiate payment of a service fee agreement as a condition of employment. Defendants admit MCSC Regulation 6.03 regulates fair share agreements. 20. Defendants admit the employer and unions negotiated service fee

agreements as a condition of employment including a provision in the current Collective Bargaining Agreements that expire December 31, 2013. Defendants neither admit nor deny the remaining allegations being without sufficient information to formulate a response.

21.

Defendants admit the Legislature enacted and Governor Rick Snyder

signed enrolled House Bill 4003 on December 11, 2012, which became 2012 PA 349. Defendants deny the remaining allegation for the reason they are incorrect and state in further answer, 2012 PA 349 becomes effective at 12:01 a.m., March 28, 2013, 90 days after it was signed on December 27, 2012. 22. Defendants deny the allegations for the reason they are based on

incorrect statements of law and fact and, thus, are not true.

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23. 24. 25.

Admitted. Admitted. Defendants neither admit nor deny the allegations being without

sufficient information to formulate a response. 26. Defendants deny the allegations for the reason they are based on

incorrect statements of law and/or fact and, thus, are not true. 27. Defendants neither admit nor deny the allegations being without

sufficient information to formulate a response. COUNT I 28. 29. Defendants incorporate paragraphs 1 through 27 of this Answer. Defendants deny the allegations for the reason they are based on

incorrect statements of law or fact and, thus, are not true. COUNT II 30. 31. Defendants incorporate paragraphs 1 through 29 of this Answer. Admitted.

32.

Defendants deny the allegations for the reason they are based on

incorrect statements of law and, thus are not true. COUNT III 33. 34. Defendants incorporate paragraphs 1 through 32 of this Answer. Defendants deny the allegations for the reason they are based on a

partial, out of context statement of the law that is incorrect and, thus, not true. 35. Defendants deny the allegations for the reason they are based on

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incorrect statements of law and, thus, are not true.

AFFIRMATIVE DEFENSES 1. This Court lacks jurisdiction over Defendants Green, Callaghan,

LaBrant, Snyder, and Schuette. 2. Plaintiffs claims are not ripe. The existing Collective Bargaining

Agreements containing service fee agreements as a condition of employment do not expire until December 31, 2013 and labor negotiations do not begin until late July or August 2013.

CONCLUSION AND RELIEF REQUESTED Defendants respectfully request that the Court (1) expedite this proceeding, (2) dismiss Defendants Green, Callaghan, LaBrant, Snyder and Schuette for lack of jurisdiction, and (3) enter a peremptory ruling under MCR 7.205(D)(4), without

further hearing or briefing, that declares 2012 PA 349 applicable to the state classified civil service. Respectfully submitted, BILL SCHUETTE Attorney General John J. Bursch (P57679) Solicitor General Counsel of Record Richard A. Bandstra (P31928) Chief Legal Counsel s/Ann M. Sherman Ann M. Sherman (P67762) Margaret A. Nelson (P30342) Assistant Attorneys General Attorneys for Defendants P.O. Box 30736 Lansing, Michigan 48909 517.373.6434

RECEIVED by Michigan Court of Appeals 3/19/2013 4:15:24 PM

Dated: March 19, 2013