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MICHIGAN EDUC. ASS'N v. SECRETARY OF STATE

Docket No. 137451. Calendar No. 7.

793 N.W.2d 568 (2010)

488 Mich. 18

MICHIGAN EDUCATION ASSOCIATION, Petitioner-Appellant, v. SECRETARY OF STATE, Respondent-Appellee.

Supreme Court of Michigan.

Decided December 29, 2010.

Attorney(s) appearing for the Case

White, Schneider, Young & Chiodini, P.C. (by Kathleen Corkin Boyle ), Okemos, for petitioner.

Michael A. Cox , Attorney General, B. Eric Restuccia , Solicitor General, and Heather S. Meingast , Denise C. Barton , and Ann Sherman , Assistant Attorneys General, for respondent.

Foster, Swift, Collins & Smith, P.C. (by Eric E. Doster ), Lansing, for amici curiae the Michigan Chamber of Commerce.

Sachs Waldman, P.C. (by Andrew Nickelhoff ), Detroit, for amici curiae Michigan State AFL-CIO; SEIU Michigan State Council; and International Union, United Automobile, Aerospace, and Agricultural Implement Workers of America.

Patrick J. Wright , for amici curiae the Mackinac Center for Public Policy.

Opinion

HATHAWAY, J.

At issue in this case is whether a public school may administer payroll deductions for its employees who remit funds to the Michigan Education Association Political Action Committee (MEA-PAC), a segregated fund under MCL 169.255.

We conclude that the Court of Appeals clearly erred by holding that administration of a payroll deduction system is not allowed under Michigan law. We reverse the Court of Appeals' judgment because a...

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