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Court answer by Taylor district to lawsuit

Court answer by Taylor district to lawsuit

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Published by Dave Komer
A copy of the Taylor school district and teachers' union attorney's court answer in reply to a lawsuit filed by the Mackinac Center on Public Policy filed by three teachers who believe their right-to-work rights are being violated by a new contract agreement.
A copy of the Taylor school district and teachers' union attorney's court answer in reply to a lawsuit filed by the Mackinac Center on Public Policy filed by three teachers who believe their right-to-work rights are being violated by a new contract agreement.

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Published by: Dave Komer on Mar 26, 2013
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03/26/2013

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STATE
OF
MICHIGAN
IN
THE
THIRDJUDICIALWAYNECOUNTYCIRCUITCOURTRebecca
Metz.
Nancy
Rhatigan.
and
Angela
StatThe,
Plaintiffs,
Taylor
Fedcratonof
TeachersAFT
Local
1085
ad
Tay.lor
Public
Schoo.l
Board
of
Education
u•D
TuDor
Schoo.l
District.
Defendants.
Patrick
B.
Wright
(P54052)
Derk
A.
Wilcox
(P66
177)
MackinacCenter
Legal
Foundation
Attorneys
for
Plaintiffs
140
WestMainStreetMidland,
MI
48640(989)
631-0900
Mark
H.
Cousens
(P12273)
Mark
H.
Cousens
Attorney
26261
Evergreen
Road,Suite
110
Southfield,
Michigan
48076
(248)
355-2150
Answer
on
Behalfof
All
Defendants
;(.).rHHELD.
PHONE
(24.
FAN
355
17F
1.
The
allegation
is
admitted.
2.
The
allegation
is
denied
intheformand
manneralleged.For
furtheranswerDefendants
say
thatthe
Plaintiff
Stefike
is
an
employee
of
the
Defendant
TaylorBoard
of
Educationand
a
member
of
the
bargaining
unitrepresented
by
the
TaylorFederation
of
Teachers.
3.
The
allegation
is
admitted.
4.
The
allegation
is
admitted.
V
Case
No,:13-002906CK
[Ion.
DaphneMeansCurtis
FILED IN MY OFFICE
WAYNE COUNTY CLERK 
3/22/2013 12:37:48 PM
CATHY M. GARRETT
13-002906-CK 
 
MARK
.H,
Cc.usENs
66
F
48076
5
The
allegation
is
denied
in
theform
and
manner
alleged.For
further
answerDefendants
say
thatPlaintiff
Metz
is
an
emploee
of
the
DefendantTaylor
Board
of
Education
and
a
member
of
the
bargaining
unit
represented
by
the
Taylor
Federation
of
Teachers.
6.
The
allegation
is
admitted.
7.
The
allegation
is
admitted.
8
The
allegation
is
denied
in
theform
andmariner
alleged.
For
further
answer.
Defendants
FOy
that
.PiaintifiRhatigan
is
an
employee
of
the
De..fhn.dant
Taylor
•.Efoard
ot.E.dueaton
and
a
i
ienrber
of
t
e
ba’
galnuig
unit
rep’
mooted
by
theTa
[or
Federation
0
I
eanhers
9.
The
allegation
is
admitted.
10.
The
allegation
is
denied
in
the
formand
manner
alleged.For
further
answerDefendants
say
that
the
TaylorFederation
of
Teachers
isa
voluntary
unincorporated
association.
Ii.
The
allegation
is
admitted.
12.
The
allegation
is
admitted.
13,
The
allegation
is
admitted.
14.
The
allegation
is
admitted.
15.
The
allegation
is
admitted.
16.
The
allegation
is
denied
intheform
and
manner
alleged.For
further
answer,Defendants
say
that
contracts
were
negotiatedwithin
the
County
of
Wayne
but
they
includecovenants
which
may
be
performed
either
insideour
outside
thatCounty.
17
Defendantsadmit
that
the
actionseeks
a
declaration
of
rightsDefendants
deny
that
the
Courthas
jurisdiction
over
theclaims
as
the
issues
are
subject
to
the
exclusive
jurisdiction
of
the
MichiganEmploymentRelationsCommission.
18.
No
contest
beingpresented
by
this
statement
no
answer
is
required.
 
19.
Denied
in
the
formandmanneralleged.For
furtheranswerDefendants
statethat
the
TaylorBoard
of
Education
andTaylorFederation
ofTeachers
reachedagreement
on
collective
bargainingagreements.
20.
The
allegation
is
admitted.
21.
Denied
in
theform
andmanner
alleged.For
further
answer
Defendants
state
that
the
agreementrelates
to
certain
mandatory
and
permissivesubjects
for
bargaining.
22.
Denied
in
theform
and
manner
alleged.For
further
answer
Defendants
state
that
they
reached
agreement
ona
collective
bargair
irg
agreement
fuhich
contained
te.rms
an.d
conditions
of
employment
which
are
mandatory
subjectsforbargaining.
23.
Denied
in
the
formandmanneralleged.For
furtheranswerDefendants
state
that
the
terms
of
the
agreement
are
recited
in
the
contract.
24.
Denied
as
inaccurate.
For
furtheranswer,
Defendant
TaylorFederation
of
Teachersstatesthat
a
ratification
process
was
conducted
as
required
byits
constitution.
25.
The
allegation
is
admitted.
26.
Denied
in
theform
and
manner
alleged.
For
furtheranswerDefendants
statethatthe
terms
of
the
agreement
are
contained
in
the
agreement.
27.
Denied
in
theform
and
manner
alleged.For
further
answer.Defendants
state
that
on
December
11.
2012
a
majority
of
the
Michigan
House
of
Representatives
voted
in
favor
of
House
Bill
4003.
28.
Denied
as
inaccurate.
For
furtheranswer.2012
PA349
addresses
a
narrowclass
of
agreements
whichimposecertain
obligations
as
a
condition
of
employment.
3

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