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    Who are the NERD fund donors Mr Snyder?

    Raise the curtain.

    Oh NOES! Repealing PA312?

    By JGillman, Section News
    Posted on Wed Aug 29, 2012 at 02:26:51 PM EST
    Tags: Michigan, POJ, Idiot's Initiative, Unions, Labor, CPMC, Cannon Fodder (all tags)

    OH my! The unintended costs of pursuing such initiatives!

    You know, the one proposed by the POJ group?

    Citizens Protecting Michigan's Constitution (CPMC)in a press release today warned about far-reaching effects and unintended consequences of the proposed hijacking of the constitution being hidden from voters by outside special interest groups behind the proposal. In a confusing manner, the initiative has effects that could corkscrew into all manner of current law.  According to CPMC:

    "Among the proposal's unintended consequences is a likely repeal of Public Act 312, Michigan's "binding arbitration" law enjoyed by police and firefighters unions during contract negotiations.

    Public Act 312 (PA 312) establishes a procedure by which contract negotiations between a public entity and a union representing police or firefighters may be submitted to binding arbitration for resolution.  PA 312 provides for time limits within which a final decision must be made and establishes a number of factors arbitrators must consider in reaching a decision - particularly with regard to compensation.  It also prohibits strikes and provides for limited judicial review.

    Now..  frankly I am not a big fan of 312.  Without it, when they strike, we could just fire their greedy asses.  

    Continued below the fold

    CPMC continues:

    "Michigan's police and firefighters unions have spent years fighting for and defending the state's binding arbitration law but all of their work protecting PA 312 could disappear in an instant under this deceptive ballot proposal," said Rich Studley, President and CEO of the Michigan Chamber of Commerce.  "The union bosses and lawyers behind this constitutional hijacking attempt have not been honest with voters and they have not been honest with union members.  Michigan deserves better than half truths and confusion at the ballot box."
    I'll give em that.  Confusion.

    As explained by the CPMC, the provisions of 312 are an impairment of the bargaining process, something the initiative is trying to "resolve".  According to a legal memo from Gary Gordon, an Attorney with the Dykema Gossett law firm in Lansing, it is likely that PA 312's provisions for submitting contract negotiations to binding arbitration may be interpreted as impairing or limiting the right to collectively bargain, actions that would be prohibited by the deceptive ballot proposal, and would not survive approval of the proposal.  Additionally, PA 312's provisions mandating the factors arbitrators must consider in reaching an agreement may no longer be deemed viable while several other aspects of PA 312 that could be considered to adversely impact mandatory bargaining would also likely be rendered void.

    The attorney behind the proposal, Andrew Nickelhoff, recently admitted his own proposal is intentionally confusing and would have far-reaching and potentially unforeseen consequences when he told reporters: "We can guess at how (the proposal) might affect existing legislation and we could spend all day doing that, but in the end, it's just going to have to be decided (in the courts) on a case-by-case basis."

    Pass it to see what is in it.

    Where have we seen THAT before?

    Admittedly I don't like PA312, but this is not the way to do it.  Compare it to travel.  One could certainly get from one place to another (point A to point b) by firing oneself from a high powered cannon.

    But exactly where one lands and in what condition is anybody's guess.

    < New Susan B Anthony List Ad | 2012 ACU Michigan Legislature Ratings >

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    lol Perfect Tags (none / 0) (#1)
    by Corinthian Scales on Wed Aug 29, 2012 at 09:31:41 PM EST

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