CSC v. DEP'T OF LABOR

Docket No. 77816, (Calendar No. 21).

424 Mich. 571 (1986)

384 N.W.2d 728

CIVIL SERVICE COMMISSION v. DEPARTMENT OF LABOR MATULEWICZ v. GOVERNOR

Supreme Court of Michigan.

Decided March 28, 1986.


Attorney(s) appearing for the Case

Warner, Norcross & Judd (by Paul T. Sorensen, Richard E. Cassard, and William J. Barrett) for plaintiff Michigan Civil Service Commission.

Levin, Levin, Garvett & Dill (by Erwin B. Ellmann and Jeffrey A. Heldt) for plaintiff Matulewicz.

Frank J. Kelley, Attorney General, Louis J. Caruso, Solicitor General, and George H. Weller, Assistant Attorney General, for the defendants.

Amici Curiae:

Dickinson, Wright, Moon, Van Dusen & Freeman (by Robert P. Young, Jr., and Robert W. Powell) for Greater Detroit Chamber of Commerce.

Jordan Rossen, General Counsel, and Ralph O. Jones, Associate General Counsel, for International Union, United Automobile, Aerospace and Agricultural Implement Workers of America, UAW.

Miller, Cohen, Martens & Ice, P.C. (by Mark H. Cousens and Glenda L. Pittman), for Michigan Federation of Teachers, AFL-CIO.

Levine, Benjamin, Tushman, Bratt, Jerris & Stein, P.C. (by Barrie R. Bratt), for Michigan Injured Workers and Michigan Trial Lawyers Association, and (by Lucinda Keils) for Michigan Trial Lawyers Association.

Sachs, Nunn, Kates, Kadushin, O'Hare, Helveston & Waldman, P.C. (by Theodore Sachs and Andrew Nickelhoff), Sharon McPhail, and Edgar Jerome Dew for Wolverine Bar Association and National Conference of Black Lawyers, Michigan Chapter.

Lidia Gulawsky for Women Lawyers Association of Michigan.

Wade H. McCree, Jr., for Workers' Compensation Law Section of the State Bar of Michigan.


LEVIN, J.

The questions presented concern the constitutionality of legislation, 1985 PA 103, that removes workers' compensation hearing officers from the state civil service by organizing them in a board.

The constitution provides that the state civil service system consists of "all ... in the state service" other than those specifically excepted or exempted. "[M]embers of boards and commissions" are excepted.1 Act 103 organizes...

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