February 3, 2012 - 9:02pm
Attorney General's motion denied by Michigan Supreme Court
BY RAYZA GOLDSMITH
Opponents to graduate student research assistants were unsuccessful today in their attempt to delay the hearing currently underway before an administrative judge.
On Tuesday, Michigan Attorney General Bill Schuette filed an emergency motion to stay with the Michigan Supreme Court and appealed a Michigan Employment Relations Commission’s ruling that denied his motion to intervene in December. Today, the Court denied Schuette’s motion to stay, citing “lack of jurisdiction” for the Court of Appeals to intervene, given that the case between the University and the Graduate Employees’ Organization — the union representing graduate students — is uncontested.
Despite the Court’s denial, Justice Stephen J. Markman wrote a concurring opinion, in which he empathized with the sentiments behind the attorney general’s motion, as well as a similar motion filed by the group Students Against GSRA Unionization.
“I am not convinced that the Court of Appeals erred in holding that it lacked jurisdiction to entertain this appeal,” Markman wrote. “ … However, I share the unsuccessful intervenors’ concerns regarding the manifest unfairness of the fact-finding hearing now underway before the administrative law judge as a result of MERC’s denial of the two motions to intervene.”
Stephen Raiman, founder of SAGU, wrote in an e-mail interview that he is unhappy with the Court’s decision, but believes Markman’s opinion could give way to an appeal of the decision in the future.
“Though our appeal was denied on a legal technicality, we are encouraged to hear that Justice Markman recognizes the obvious unfairness of the current proceedings,” Raiman wrote. “We will continue to explore our legal options as we work toward a fair hearing.”
