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 Lowest prices in town on All Freshmen books. New and Used 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. BOOK STORE 336 S.State Street 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 1215 South U. 761-0700 1 rli.. DON'T MISS ALL THE FUN! CAll 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."~ HAIRSTYLING to Please!! I -CONTINENTALS COLLEGIATE -RAZOR CUTS *f7 BARBERS* The Dascola Barbers (Near Michigan Theatre) V Sedans, Convertibles, Compacts, Wagons ECON-O-CAR We Rent. to' Students 19 Years and Older 663-2033 Read and Use Daily, Classified Ads - - ., i I mpotant ews! ADVERTISING! BUSINESS ADMINISTRATION! PUBLIC RELATIONS! 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