STATE OF MICHIGAN IN THE THIRD JUDICIAL WAYNE COUNTY CIRCUIT COURT Rebecca Metz. Nancy Rhatigan.

and Angela StatThe, Plaintiffs,

V

Case No,: 13-002906 CK

[Ion. Daphne Means Curtis

Taylor Fedcraton of Teachers AFT Local 1085 ad Tay.lor Public Schoo.l Board of Education uD TuDor Schoo.l District. Defendants. Patrick B. Wright (P54052) Derk A. Wilcox (P66 177) Mackinac Center Legal Foundation Attorneys for Plaintiffs 140 West Main Street Midland, MI 48640 (989) 631-0900

13-002906-CK FILED IN MY OFFICE WAYNE COUNTY CLERK 3/22/2013 12:37:48 PM CATHY M. GARRETT
Mark H. Cousens (P12273) Mark H. Cousens Attorney 26261 Evergreen Road, Suite 110 Southfield, Michigan 48076 (248) 355-2150

Answer on Behalf of All Defendants

1.

The allegation is admitted.

2.

The allegation is denied in the form and manner alleged. For further answer Defendants

say that the Plaintiff Stefike is an employee of the Defendant Taylor Board of Education and a member of the bargaining unit represented by the Taylor Federation of Teachers. 3. 4.
;(.).rHHELD.

The allegation is admitted. The allegation is admitted.

PHONE (24. 355 17F FAN

The allegation is denied in the form and manner alleged. For further answer Defendants

say that Plaintiff Metz is an emploee of the Defendant Taylor Board of Education and a member of the bargaining unit represented by the Taylor Federation of Teachers. 6. 7.
8
FOy

The allegation is admitted. The allegation is admitted.

The allegation is denied in the form and mariner alleged. For further answer. Defendants that .PiaintifiRhatigan is an employee of the De..fhn.dant Taylor .Efoard ot.E.dueaton and a
0

ne ba galnuig unit rep mooted by the Ta [or Federation ienrber of t

I eanhers

9. 10.

The allegation is admitted. The allegation is denied in the form and manner alleged. For further answer Defendants

say that the Taylor Federation of Teachers is a voluntary unincorporated association. Ii. 12. 13, 14. 15. 16. The allegation is admitted. The allegation is admitted. The allegation is admitted. The allegation is admitted. The allegation is admitted. The allegation is denied in the form and manner alleged. For further answer, Defendants

say that contracts were negotiated within the County of Wayne but they include covenants which may be performed either inside our outside that County.
MARK .H, Cc.usENs

17

Defendants admit that the action seeks a declaration of rights Defendants deny that the

66 F 48076

Court has jurisdiction over the claims as the issues are subject to the exclusive jurisdiction of the Michigan Employment Relations Commission. 18. No contest being presented by this statement no answer is required.

19.

Denied in the form and manner alleged. For further answer Defendants state that the

Taylor Board of Education and Taylor Federation ofTeachers reached agreement on collective bargaining agreements. 20. The allegation is admitted.

21.

Denied in the form and manner alleged. For further answer Defendants state that the

agreement relates to certain mandatory and permissive subjects for bargaining.

22.

Denied in the form and manner alleged. For further answer Defendants state that they

reached agreement on a collective bargair irg agreement fuhich contained te.rms an.d conditions of employment which are mandatory subjects for bargaining. 23. Denied in the form and manner alleged. For further answer Defendants state that the

terms of the agreement are recited in the contract. 24. Denied as inaccurate. For further answer, Defendant Taylor Federation of Teachers

states that a ratification process was conducted as required by its constitution. 25. 26. The allegation is admitted. Denied in the form and manner alleged. For further answer Defendants state that the

terms of the agreement are contained in the agreement. 27. Denied in the form and manner alleged. For further answer. Defendants state that on

December 11. 2012 a majority of the Michigan House of Representatives voted in favor of House Bill 4003. 28. Denied as inaccurate. For further answer. 2012 PA 349 addresses a narrow class of

agreements which impose certain obligations as a condition of employment.

29.

Denied in the form and manner alleged. For further answer Defendants state that they

reached agreement on the terms of a collective bargaining agreement to succeed an expired agreement and those agreements were bilaterally ratified. 30. 31. Defendants admit that they approved a union security agreement. Denied in the form and manner alleged. For further answer Defendants state that the

agreements were subject to separate votes for ratification. 32, Denied in the form an.d manner. alle.ge.d. For further answer Defendants state that the

agreements were subject to separate votes fOr ratification. 33. Denied in the form and manner alleged. For further answer Defendants state that the

agreements were subject to separate votes for ratification. 34, Denied in the form and manner alleged. For further answer Defendants state that each

agreement has a duration provision. 35. 36. 37. 38. 39. 40. 41.
RI ARK H. CousFon
Aoi RHAN

Denied as incorrect as a matter of law. Denied as incorrect as a matter of law. No contest being presented by the statement, no answer is required. Denied as incorrect as a matter of law and outside the jurisdiction of this Court. Denied as inaccurate. Denied as incorrect as a mater of law and outside the jurisdiction of this Court. No contest being presented by the statement, no answer is required. Denied as untrue. Denied as untrue. No answer is required as the paragraph contains a statement of opinion and not fact. Denied as untrue. 4

42. 43. 44. 45.

252.61 Evooo Rooo Suno lvi OHiOAN 48076 PHONE 1248l 55. U54i .Fx (21151 3552 170

46. 47.

Denied as inaccurate. The paragraph contains a statement whose meaning is uncertain and appears to contain

a statement of opinion and not fact; no answer is required. 48. Denied in the form aid manner alleged. For further answer Defendants state that the

paragraph does not accurately state the law.

49. Denied as incolTeet as a matter of law and outside the jurisdiction of this Court.

50.

Deni.ed as incorrect as

matter of law the statement o answer s reqa red

o contest neina presentea

52.

Denied in the form and manner alleged. For ftthher answer Defendants state that a

contract was made. 53. 54. 55. Denied as untrue. Denied as untrue. Denied in the form and manner alleged. For further answer Defendants state that the

paragraph does not accurately state the law. 56. Denied in the form and manner alleged. For further answer Defendants state that the

School Board is a body corporate whose members are elected. 57. Denied in the form and manner alleged. For further answer Defendants state that the

paragraph does not accurately state the law. 58

MARK H. C.ousrNs 2626! Si

The paragraph contains a statement of opinion and not fact and no answer is required

iiRiiRN

45576

Affirniative Defenses

1.

Plaintiffs lack standing to sue as they are not parties to a collective bargaining

agreement: 2. This Court lacks jurisdiction to consider matters arising under the Public Employment

Relations Act. MCL 423.201 et seq. as those matters are within the exclusive jurisdiction ot
the Mic.higan Emoloyi.nent Relations Commission;

TheieoIa1ntfaIstsjtedJ TonwhlehrClefmas

m:ntedas

a b.

The Court does not nqune into consideration,

No provision of any law restricts the duration of a collective bargaining agreement; The Michigan Employment Relations Commission has expressly approved a collective bargaining agreement with a ten year term;

c.

4.

This matter is subject to controlling opinions of the Michigan Employment Relations

Commission and the Supreme Court including:

a.

Wise v Civil Service Commission, 2007 Mich App LEXIS 1996 (members of bargaining unit are not parties to collective bargaining agreement); First Security Savings Bank v Aitken, 226 Mich App 291, 306 (1997), reversed on other grounds, Smith v Globe Life Ins Co 460 Mich 446 (1999) (non parties may not challenge the validity of a contract); Lamphere Schools v Lamphere Federation ofTeachers, 400 Mich 104 (1977) (Circuit Court lacks jurisdiction to consider unfair labor practice claims): Ann Arbor Fire Fighters Local 1733. 1990 MERC Lab Op 528 (contract provision of ten years enforceable although of different duration than other provisions);

b.

c.

d.

e.

Bebensee v Ross Pierce Electric Corp, 400 Mich 233. 245 (1977) (union has very broad discretion in the negotiation of collective bargaining agreements).

5.

The Taylor School District is not a proper party Defendant as it is not a party to a

collective bargaining agreement.

Req nest For Relief

Th..is Cou.rt should: 1.

2.

Dismiss this cause with prejudic.e.:

Award Defendants their fees and costs pursuant to MCR 2. 114(E) as this matter was

initiated to harass or intimidate and is unsupported by law.

MARK H.GOUSENS (P 12273) Attorney for all the Defendants 26261 Evergreen Road. Ste. 1 10 Southfield, MI 48076 (248) 355-2150 March 22, 2013