THE MICHIGAN DAILY
TUESDAY, A.UGVST 3Q,1960
THE MICHIGAN DAILY TUESDAY, AUGUST 30. 1966
w
By MR
ogress
i casel
the su
,bly ea:
ia decis
onstitw
379 am
Michigi
n. Pass
PA 3
s repre
bargain
employ
>gress Comes Slowly In
CHAEL HEFFER represent University employes. nized unions, and does a dues the
The University has been in court "check-off" for them. cas
in the University's since December, and the case has The University claims it is mo
kept to its slow pace not been heard on its merits yet. granted financial autonomy under
immer, almost imper- However, there are indications the state constitution, and that T
sing toward the day that the University might not therefore the act does not apply wh
sion will be reached on wait out a court decision. to it. "The University wants a froi
tionality of PA 379 Concession? declaration of rights," says Uni- Sta
vended the Hutchinson Some observers feel the unions versity attorney William Lemmer. plo
an's basic labor legis- Sm bevr elteuin
eIn theasumer ofs action of dropping student em- The court case has been held up Tra
7ed in the summer of ployes from their petition may on several occasions. Last January the
70 allows public em- have been a concession on the Assistant Attorney General Eugene atir
sentation by a collec- road to University recognition be- Krasicky said he would ask the A
ling agent in dealing fore a court decision is reached. court for a summary judgment, on Tea
ers over wages, hours, Otherwise, the University has the constitutionality of the act, so tior
ersty claims it would been raising staff benefits and the case could be heard on its
ly Injured if It were to has been charged by at least one merits. ity
h PA 379. It sees its union leader with attempting to ,However, he did not act until bar
'threatened.dissuade employes from, seeking April, when he presented a motion tio
aking place on at least union representation. for accelerated judgment, asking der
The University has a What the unions want is Uni- the court to dismiss the case on the
constitutionality of PA versity recognition so the Univer- the grounds that it hasn't the jur- Len
cuit Court, and the sity will bargain with them. The isdiction to try it. the
Mediation Board has University presently has only a After two postponments a hear- it,
ions from unions to few employers in the non-recog- ing was held June 9, at which time is f
'-Union
Case
HUAC SUBPOENA:
U' Rules Out Legal Action
Univ
vocab
witl
omy"
n is
)nts.
the
Cir
Labor
petit
n move on to the merits of the
e. However, the decision on the
tion can be appealed.
Hears Petition
The mediation board, mean-
ile, has heard five petitions
m the American Federation of
ate, County and Municipal Em-
yes, the Washtenaw County
ades Construction Council and
International Union of Oper-
rg Engineers.
A fourth petitioning group, the
amsters, has dropped its peti-
in.
The board has the responsibil-
of determining appropriate
gaining units, conducting elec-
s and certifying petitions or
hying them, depending on how
employes vote. Usually, said
mmer, if a union is certified and
employer refuses to recognize
an unfair labor practices suit
filed.
There is a possibility that the
diation board might finish cer-
ying before a final decision is
ched on the constitutionality
PA 379. Lemmer said he was
certain what the University
ild do if this occurred.
Cast year the University asked
4
for a temporary injunction to stop
the mediation board from consid-
ering the petitions of unions seek-
ing recognition as bargaining
agents for University employes.
This was denied, and the media-
tion board has been considering
petitions while the court acts on
the constitutionality of PA 379.
Regents Approve New
$186 Million Budget
(Continued from Page 1)
effect is similar to that of an in-
junction. Such a judgment would
in effect declare the subpoena
judicially void as being a violation
of First Amendment guarantees
of freedom of association.
Extensive Trade and
Reference Book Selection
a postponement was granted in
order for Krasicky to file a brief
in favor of his motion.
If Circuit Court Judge William
Ager grants the motion, the Uni-
versity will have to take the case
to another court or drop it. If it
denies the motion the case may
me
tify
rea
of
not
wol
L
SLATER
S
STUDGNT 900K SGRVICG
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STUDENT BOOK SRVICE
(Continued from Page 1)
versities had become a "morale
factor." Vice-President for Aca -
demic Affairs Allan F. Smith said
this year faculty reaction has been
"fairly decent," because of in-
creases in the past two years.
Altogether the administration
has allotted over $7,100,000 for
salary adjustments, staff benefits
and increased staff.
Because of reported serious de-
ficiences in clerical, technical and
service staffs, over $900,000 was{
allocated for extra staff. The re-
habilitation of space remains an
area in serious shortage .of funds.
The general funds budget for
1966-67 is $8,311,450 over last
year's. This portion of the budget
includes the day-to-day costs of
running the University.
At their meeting the Regents
said the budget leaves the Univer-
sity with serious deficiences in
monies for the "rehabilitation of
buildings and equipment."
Besides the legislative funds, the
general funds budget is made up
of student fees. Administrators
expect an increase in fees to $18,-
938,630.
The rest of the budget, the ex-
pendable restricted fund and the
auxiliary activities fund have not
yet been acted upon. Action on
these funds, which totaled $93.4
million last year, was expected at
the July Regents meeting.
Last year the complete budget
totaled $167.63 million. That year
the budget increased $10 million
over the year before. The complete
budget increased $20 million.
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Part of the increased budget
goes to increases in wages. The
Regents raised the mininum wage
per student employe to $1.40 an
hour from $1.25. They also raised
the minimum wage per hour for
regular full time workers to $1.64
an hour from $1.44.
The expendable
deals primarily
Most of its funds
restricted fund'
with research.
come from the
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761-0700 1
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federal government, the rest from
gifts, grants and contracts from
other sources, such as foundations,
industry and individuals.
This year the expendable re-
stricted fund is up $5.2 million
from last year compared to a $5.5
million rise the year before.
Of this money $52 million is
anticipated from federal grants
and contracts, $4 million more
than last year, and $3 million
from endowment investments.
The auxiliary activities portion
of the total budget is up $4.7 over
last year. It includes self-sup-
porting or 'revenue producing ac-
tivitses such as University Hospi-
tal, the League, the Union, Uni-
versityPress, and student publica-
tions and intercollegiate athletics.
The largest amount is for Univer-
sity Hospital, $21,994,440 this
year.
Mental health activities are
budgeted separately. The total for
the hospitals and the Mental
Health Research Institute is $5,-
310,300, up from $4.75 million
last year, of which $4.47 million
was appropriated by the state,
with the remainder coming from
fees paid by patients.
There were no tuition or room
and board hikes made this year,
but there were a few increases in
auxiliary activities areas, primar-
ily in increasesofiabout $5 per
day for room services and about
$1.50 per clinic visit in the hos-
pitals.
The total budget increase is
$1.5 million less than last year's
increase of $20.4 million.
Last fall, the Regents planned
for a 1966-67- total budget of
$182.4 million. The budget turned
out to be $4 million more despite
$7 million less in the general
fund because of lower state ap-
propriation.I
The case for such a judgment
would have been that disclosure of
the names to the committee would
intimidate those people from ex-
ercising their rights under the
First Amendment.
But, according to one partici-
pant, the group's legal counsel
noted that the courts have not
established F i r s t Amendment
rights as absolute. Moreover, in a
recent case the Supreme Court
ruled that-while membership lists
of the National Association for the
Advancement of ColoredPeople in
Florida could not be subpoenaed-
the issue is not the First Amend-
ment as such but whether the
grounds for the subpoena have
been adequately laid.
The officials concluded that this
subpoena did not run counter to
the Court's decision since HUAC
can issue subpoenas to obtain in-
formation on proposed anti-sub-
versive legislation, in this case a
bill prohibiting the giving of "aid
and comfort" to enemies of the
United States.
No Meetings
But the participants later ad-
mitted they did not feel one of the
membership lists, that of the local
Dubois Club-which was founded
in symbolic protest against the
government's investigation of the
national Dubois Clubs and which
has never held a meeting-might
have been protected by the Su-
preme Court decision, since it is
virtually non-existent.
The participants also made clear
that University policy considera-
tions also had a strong influence
on, thendecision not to fight -the
subpoena in court.
The Regents must approve any
University move into the courts,
and, according to a source close to
the Board, a majority of the Re-
gents would not have backed such
a move.
HUAC's Wrath
The administrators also felt
that any suit brought by the Uni-
versity w o u l d have incurred
HUAC's wrath and could thus
have caused it to "escalate" its
response. It was also feared that
the state Senate - which last
spring passed a resolution urging
that state schools not permit com-
munist speakers on campus -
might take some action.
University administrators also
considered taking dilatory action,
such as declining to respond be-
cause the subpoena was addressed
to the Director of Student Organ-
izations but was delivered to the
Vice-President for Student Af-
fairs, or by claiming that the lists
were secret or otherwise simply
stalling for time.
The administrators focused on
the possibility of claiming that
the lists were secret. At one point
they drafted a letter to the com-
mittee saying that the release of
the lists would violate University
lIFN
1
policy regarding confidential docu-
ments.
Disclosure Documents
But the group discovered that
the membership lists the commit-
tee had requested were "disclosure
Idocuments" - prepared with the
specific intention of making them
public at a Student Government
Council meeting, at which SGC
would recognize the organization.
There was no written policy re-
garding the secrecy of the lists
after the SGC meetings-although
there was an unwritten policy of
requiring persons to justify re-
quests to see them.
In restrospect many of the ad-
ministrators who made the deci-
sion think that the best legal al-
ternative would have been to an-
nounce publicly the arrival of the
subpoena, letting the individuals
named seek an injunction pre-
venting the University from re-
leasing their names.
Reactions
Among the most vocal reactions
to the University's decision not
to contest the subpoena was that
of Prof. Robert Harris of the law
school. In a letter to the New York
Times and the Ann Arbor News
Harris complained that the Uni-
versity "to its shame" did not
legally challenge the subpoena.
Harris said in an interview, "The
odds are not bad-perhaps one in
four-that if the University had
sought a declaratory judgment on
the grounds that the subpoena
violated the First Amendment, and
was willing to take the case to the
Supreme Court, it would have
prevailed.
"Although the courts have his-
torically not interfered with legis-
lative in advance of a trial for
contempt," Harris said, "grounds
for such a court suit would be
strongest when contesting a HUAC
subpoena directed to a university
requiring turnover of the mem-
bership lists of unpopular political
organizations.
"If the Court were willing to
reach the merits of the case, the
odds are better than 50-50 that
the case would be decided in favor
of the~ University," Harris said.
Weak Link
"The weakest link in the Uni-
versity's case would seem to be
the possibility that the lists were
public records, but the practice of
Sells' office apparently was not to
treat them as public," Harris
noted,
"If this hurdle were overcome,"
Harris said, "the next major stum-
bling block would be the possi-
bility that the three groups would
be analogized legally to the Com-
munist Party."
According to Harris, "Voice
would seem to be clearly different.
The local Dubois Club, in view of
its official position that it is not
bound by the national organiza-
tion's policy and was formed only
as a symbolic protest of the na-
tional's blacklisting would also
not seem to fit in this category.
The Difference
"Even Stanley Nadel's group, the
Committee to Aid the Vietnamese,
might get by since it apparently
differs from the Communist Party
in size, organization, foreign con-
trol, and aims," he added.
"Even if the University had lost
the court case," Harris feels, "it
would have been better to have
sued and lost than to have re-
leased the names without a fight.
We are engaged in a great strug-
gle to shape men's attitudes. The
University should have demon-
strated that it views HUAC's ac-
tions as an Improper and possibly
unconstitutional threat to free-
dom and political activity on
campus."~
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