Opinion
SC 162601 COA 351991
12-09-2022
TECHNICAL PROFESSIONAL AND OFFICEWORKERS ASSOCIATION OF MICHIGAN, Respondent-Appellant, v. DANIEL LEE RENNER, Charging Party-Appellee.
MERC: 00-000034
Elizabeth T. Clement, Chief Justice, Brian K. Zahra, Bridget M. McCormack, David F. Viviano, Richard H. Bernstein, Megan K. Cavanagh, Elizabeth M. Welch, Justices
ORDER
On October 13, 2022, the Court heard oral argument on the application for leave to appeal the January 7, 2021 judgment of the Court of Appeals. On order of the Court, the application is again considered, and it is GRANTED. The parties shall include among the issues to be briefed: (1) what is the difference between the common-law analysis of the duty of fair representation and the statutory analysis of "coercion" and "restraint" under the public employment relations act (PERA), MCL 423.201 et seq., and whether the outcome in this case will differ based on which analysis is used; (2) whether the fee schedule in this case violates §§ 9 and 10 of PERA (MCL 423.209; MCL 423.210); and (3) whether the fee schedule in this case violates the common-law duty of fair representation. The time allowed for oral argument shall be 20 minutes for each side. MCR 7.314(B)(1).
Amici who appeared at the application stage (American Federation of State, County, and Municipal Employees; Michigan Education Association; Michigan State AFL-CIO; American Federation of Teachers; Mackinac Center for Public Policy; National Right to Work Legal Defense Foundation, Inc.) are invited to file supplemental briefs amicus curiae. The State Bar of Michigan Government Law Section and State Bar of Michigan Labor Law Section are invited to file briefs amicus curiae. Other persons or groups interested in the determination of the issues presented in this case may move the Court for permission to file briefs amicus curiae.