100%

Scanned image of the page. Keyboard directions: use + to zoom in, - to zoom out, arrow keys to pan inside the viewer.

Page Options

Share

Something wrong?

Something wrong with this page? Report problem.

Rights / Permissions

The University of Michigan Library provides access to these materials for educational and research purposes. These materials may be under copyright. If you decide to use any of these materials, you are responsible for making your own legal assessment and securing any necessary permission. If you have questions about the collection, please contact the Bentley Historical Library at bentley.ref@umich.edu

July 24, 1981 - Image 28

Resource type:
Text
Publication:
The Detroit Jewish News, 1981-07-24

Disclaimer: Computer generated plain text may have errors. Read more about this.

THE DETROIT JEWISH NEWS

28 Friday, July 24, 1981

COMEDY CAPERS

at STAFFORD'S

West Bloomfield's Only Comedy Show

Friday & Saturday, 2 shows: 8:45 & 10:45 p.m.

MARV WELCH, Michigan Mirthquake
STARS ON, Comedy Street Dancers
DENNIS VERNIER, One Man Band
TONY HAYES
$5 adm., one drink min. Reservations:
851 8952
EVERY THURSDAY, 9 P.M.
NEW COMEDY TALENT NIGHT
$2 adm., $1 Beer, $3 Pizzas
Prod. by Seymour Schwartz Agency, 356 8525

-

-

STAFFORD'S KIDS CABARET

FREE BIRTHDAY CAKE TO PARTIES
AMAZING MICHAEL, Master Magician
$4 per person, Sat. 1 p.m. Reservations: 851-8952

Maple & Orchard Lake Roads
Orchard Mall, West Bloomfield

INTRODUCING
Custom Made-Formica Tables
Without a custom price.
"THERE'S A TABLE FOR EVERY FLOOR
AND A DESIGN FOR EVERY WALL"

Unique residential & Commercail graphic wall de-
signs *Res. (Nursery, Bedrooms, Living & Dining
Rooms) *Comm. (Office, Lounge, etc.)
1 1


DESIGN-1T

Keith Schare Designer

543-0203

Ruling on Law Protecting. Observant
Seen as Boost to Its Constitutionality

NEW YORK (JTA) — A
California federal appeals
court ruling, upholding the
constitutionality of a law
protecting the job rights of
observant Jews, was viewed
here by the law's supporters
as a hopeful indication that
the law's continued viabil-
ity is unlikely to be crippled
by a Supreme Court ruling
that it is unconstitutional.
The supporters pointed
out that the California rul-
ing was the third federal
appeals court ruling in a
row upholding the constitu-
tionality of the law, a trend
which decreases any possi-
bility that the law might
come up for review by the
Supreme Court.
The law is a 1972
amendment to the 1964
Civil Rights Act, known to
attorneys as Section 701J.
The National Jewish Com-
mission on Law and Public
Affairs (COLPA) helped to
draft the 1972 amendment,
Howard Zuckerman,
COLPA president, noted.
The law requires that
employers make reason-
able accommodation to
the religious needs of ob-
servant workers except
in situations in which
doing so would create
"undue hardship" for the
employer.
The ruling by the Ninth
Circuit Federal Court of
Appeals involved the case of
a Seventh Day Adventist,
David Anderson, who joined
the Convair Aerospace di-
vision of General Dynamics

Give Your Windows The Works

/0

0

OFF
• Verticals

I
Discounts
Are Not Everything!

offer
several
Manufacturers
suggested retail prices, we use the
LOWEST. Greene Bros. suggests
you check and compare the retail
prices before you buy.

• Horizontals
• Woven Woods
• Shutters
• Shades

Wallpaper 25% OFF

Tremendous Selection

Discount Applies Every Day

Call the Store
Nearest You

SINCE
,6S5

WINDOW SHADE CO.

Old Orchard Shopping Center 15150 Seven Mile Road
Maple at Orchard Lake Road

626-2400

342-8822

Open Mon. thru Fri. 8:30 to 5
Sat. 9 to 1
Open Mon. thru Fri. 10 to 5, Sat. 9 to 1

Please Note: Discounts are not applicable to specified prices, installation or repairs. Installation
and measure additional. No freight on sizes up to 84 - x84 - .

in 1965. In 1972, the firm
signed a contract with the
International Association of
Machinists and Aerospace
Workers, requiring that all
Convair division workers
join the union.
Anderson cited a Seventh
Day Adventist ban against
joining a union or paying
dues to a union. He offered
to donate to charity, on a
regular basis, an amount
equal to his dues. When the
union rejected that offer and
said Anderson had to join
and he refused, General
Dynamics fired him in 1976.
Anderson appealed the
firing and the first hearing
was before Federal District
Court Judge Robert Denney
in San Diego. Denney ruled
in 1977 that non-payment of
dues constituted an "undue
hardship" for the union, as a
matter of law, because of the
problem of "free riders"
which he said would occur if
Anderson could continue to
work at Convair without
joining the union.
Denney did not raise
any issue of constitution-
ality in his ruling.
The Ninth Circuit Fed-
eral Appeals Court struck
down Denney's ruling on
Sept. 8, 1978, declaring that
the "undue hardship"
claimed by the machinists
union must be proved to be
factual and that "hypotheti-
cal speculation regarding
`free riders' is insufficient."
The appeals court re-
manded the Anderson case
back to the federal district
court with instructions that
the lower court write an
order resulting in
reinstatement of Anderson
with full pay and benefits,
without requiring him to
join the union.
Zuckerman, in explain-
ing the concern of Orthodox
Jews about a Supreme
Court test of 701J's con-
stitutionality, explained
that while the law might be
found constitutional, there
was also the prospect that
the Supreme Court might
have found 701J uncon-
stitutional.
For COLPA, which has
won hundreds of cases in
which the job rights of ob-
servant Jews were
threatened by employers,
that prospect of an uncon-
stitutionality ruling has
always been a matter of pro-
found concern, Zuckerman
explained.
When the Anderson
case was returned to the
San Diego federal district
court, it was assigned not
to Judge Denney but to
Judge Edward Schwartz.
He ruled in May 1980,
that such laws as 701J
violated the First
Amendment and resulted
"in an impermissable
government entangle-
ment with religion." He
ruled in favor of General
Dynamics.
At that time, Zuckerman
said, there were "serious
questions" as to whether
Schwartz, the first federal
judge to raise the issue of
the constitutionality of

701J, had not been in error
on procedural grounds, par-
ticularly since the Ninth
Circuit Court of Appeals
had made no reference to
701J.
COLPA thereupon filed a
friend of the court brief in
the appeal from Schwartz's
ruling to the Ninth Circuit
Court of Appeals. The brief
was filed on behalf of
COLPA, the Anti-
Defamation League of Bnai
Brith, Agudath Israel of
America, the National
Council of Young Israel, the
Rabbinical Council of
America and the Union of
Orthodox Jewish Congrega-
tions of America.
The COLPA brief argued
that the "reasonable ac-
commodation" standard
was in no way a preference
for religion, but simply pro-
vided equal job opportunity
to all persons, regardless of
their religious belief or
practice, by ensuring that
no person would be denied a
job because of his or her
religious beliefs.
The COLPA brief also
argued that "all aspects
of religious observance
and practice are covered
by the law and the fact
that all religions have
more or different kinds of
religiously-dictated ob-
servances than other
religions does not in-
validate a law that
applies to all faiths
equally."
A COLPA volunteer at-
torney, Daniel Chazin, who
filed the brief, noted that
while dues payment poses
no problem for Jews, con-
tinued protection of Sab-
bath observance rights is of
critical importance for
thousands of observant
Jews and for members of
other faiths, such as

Seventh Day Adventists,
who observe Saturday as a
holy day.
The ruling by the Ninth
Circuit Court of Appeals re-
jecting Judge Schwartz's
decision was the third of the
appeals court decisions up-
holding the 1972 amend-
ment.
Zuckerman, in explain-
ing the wider meaning of
the three appeals court rul-
ings, said the Supreme
Court generally regards
consistent rulings by the
three-man appeals courts,
on either side of a law in-
volving the constitutional-
ity issue, as relieving the
Supreme Court of a need to
consider a particular law.
Zuckerman said that, in
the case of the 1972
amendment, for the Sup-
reme Court to intervene
would mean overruling the
judgements of three
three-man federal appeals
courts, which, he said, legal
authorities consider highly
unlikely, though not im-
possible.

I never complained of my
condition but once, said an
old man — when my feet
were bare, and I had no
money to buy shoes; but I
met a man without feet, and
became contented.

MAGI IAN

Exciting
entertainment for
your organization.
club or private party.

Stage Shows
Close up magic

Audience
Partic , pation

Mel Eisenberg
547-2464

MENTALIST

1 N I IXOVIldr#

•■1

You Don't Need
Your Jewelry
Appraised...
Until You Lose It

Diamond and Gold prices are changing daily.
If your jewelry is not appraised at todays
replacement prices, you may lose hundreds or
even thousands of dollars. Protect yourself...
Have your precious jewelry appraised today
by Tapper's Jewelry.

• CALL TODAY FOR A PRIVATE APPOINTMENT
• APPRAISALS: S15 FOR FIRST ITEM AND S5 FOR
EACH ADDITIONAL ITEM
• WE PURCHASE OLD GOLD AND DIAMOND JEWELRY

Tapper's, the source.

26400 West Twelve Mile Road
In Southfield's Racquetime Mall

Northeast corner of 12 Mile & Northwestern Hw,

357-5578
HOURS.

VISA _1

Mon Tues . Wed Fri . Sat 10 6
Thur . 10-9

fiv WiTit •
• NISAitailtitriUMMettat

Back to Top

© 2020 Regents of the University of Michigan