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September 21, 1971 - Image 1

Resource type:
The Michigan Daily, 1971-09-21

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See Editorial Page




Cool and cloudy;
chance of rain

Vol LXXXlI, No. 10

Ann Arbor, Michigan-Tuesday, September 21, 1971

Ten Cents

Ten Pages

court on
IRA rule
Interns battle
for union rights
in appeals court
In an attempt to secure sta-
tus as a bargaining agent, the
Interns and Residents' Associ-
ation (IRA) is preparing for
the second round of legal bat-
tles with the University.
Both parties have filed their
briefs before the State Court of
Appeals, which is expected to meet
next month to rule on a six-
month-old Michigan E m p 1o y e
Relations Commission (M E R C)
decision that allows University in-
terns and residents to unionize.
In an unprecedentedudecision
last March, M E R C ruled that
University interns and residents
constituted an "appropriate bar-
gaining unit" by being emplyes
rather than students. This ruling
gave IRA the opportunity to be-
come the first union of publicly
employed residents and interns in
the country.
However, between the time of
thenMERC ruling and the election
soon after, in which interns and
residents designated IRA as their
official bargaining agent, the Un-
iversity filed an appeal to reverse
the MERC decision.
The appeal questioned the right
of the interns and residents to
hold an election for a bargaining
agent, saying that they are stu-
dents and therefore cannot union-'
ize under Michigan law.
The appeals court agreed to1
hear the case, and said that until
the case is heard, the University
does not have to bargain with IRA.
IRA President Charles Brook
charges that the court's ruling
constitutes unfair labor relations.
Drawing an analogy, he says, "if
General Motors did not want to1
Y talk to the United Auto Workers.
all they would have to do is just
file a suit and they would not
have to bargain the whole time
the case was in court."
The main issue at stake in the
upcoming hearing is whether in-
terns and residents are students
or employes. University and medi-
cal school administrators main-~
tain that they are in training for
a profession and are therefore
students. The interns, however,.
contend that the kind of work
they do makes them employes.
"We believe that these individ-
uals are students," says Wilbur
Pierpont, vice president and chief
financial officer. "What they are
doing is part of their training pro-
cess to be certified."
"We see patients in the out-
patient and emergency clinics,"
counters Brook, "and if we decide
they can go home, they never see
anyone else but us. If we are only
students, then we have no busi-
ness making the final decisions
we do.
"Also," he adds, "we care for
the patient most of the time with
staff physicians looking in only
every three or four days. We write
orders, and prescribe lab tests-
See 'U', Page 7


plan set



judic system
A University official has described the procedure by which
the judicial mechanism of the proposed campus-wide legal
t'ystem may be implemented.
A memo from the office of Richard Kennedy, secretary
of the University, outlines a list of 13 steps which must be
completed before the mechanism, approved by the Regents
last spring, can go into effect.
The new mechanism will replace the current system es-
tablished by the Regents in April, 1970, which involves a
single "hearing officer", appointed by the President of the
University, who determines guilt or innocence.
Instead, the new system provides for students to be tried
by their peers-six other students-and includes a student on
a three member panel of pre-
siding judges. In addition,
there is a court of appeals, C ounc
comprised of six students and
six faculty members, to which
complaints can be addressed.
Kennedy's memo was sent torepea s o
Student Government Council, Uni- ol
versity Council, (UC), the Com-
mittee on a Permanent Judiciary
(COPJ) and the Senate Advisory acurfew a

Cars banned from
Main St. for one day
Pedestrians inherited Main St. Sunday and freed
themselves for one afternoon from the sea of traffic-
and they learned how nice streets can be without cars.
Although the grey weather stopped many from com-
ing out and enjoying the fume-free street, the first
event of Ecology Week was considered successful by its
sponsors, members of the Ann Arbor Ecology Center.
Barricading Main St. between Washington and Huron
and making it a pedestrian mall served a double pur-
pose. "Basically, we wanted people to come down and
have a good time," stressed Russ Linden, an organizer
of the event, "but beyond that, there was the philoso-
phical issue"--that streets belong to people.
Plans to re-route traffic and permanently close
downtown Main St., and the South University and State
St. campus area to motor vehicles were accepted by the
See ECOLOGY, Page 10

-Daily-Denny Gainer

'Street people' enjoy Main St.

Committee on University Affairs
(SACUA), the top faculty body.
The steps called for by Kennedy
-Setting up of Interviewt
Boards by both SGC and Senate
Assembly, the faculty representa-
tive body, to nominate students
and faculty members for the court
of appeals;
-Reviewing the Manual of Pro-
cedure for the new mechanism by
COPJ - the group which origin-
ally proposed it - and UC, the
group still working todformulate
the set of rules which the mecha-
nism will enforce.
-Submitting the list of nomi-
nees for the court of appeals and
the manual in October for the Re-
gents' approval;
-Choosing six students (by
SGC) and six faculty members (by
Senate Assembly) to sit on the
court of appeals; and
-Gaining final approval by the
Regents followed by a formal an-
nouncement by President Robben
Fleming that the judiciary is es-
"We are most anxious to move
forward with the steps necessary
to implement the. new system,"
Kennedy said yesterday, "But they
must be taken soon to enable it to
be operative at the earliest pos-
sible date."
SGC President Rebecca Schenk
said last night that SGC will de-
cide whether to follow the steps
at its meeting Thursday night.
However, Schenk said she had
been mandated by Council to look
into certain procedures, so that
SGC could begin to comply with
the steps immediately after the
meeting, if it so desired.
Whenever the new mechanism is
established, it will operate joint-


City Council last night repealed
the city curfew ordinance for young
people, while Mayor Robert Harris
exercised his rarely used veto
power against a plan for redraw-
ing the city's voting wards.
Council voted 6-5 to repeal the
existing city ordinance, which pro-
hibited minors between the ages of
12 and 17 from being out anywhere
within the city limits from 12 p.m.
to 6 a. m.
Ann Arbor youth, however, will
still be subject to a state law
which prohibits "minors under 16"
from "loitering, idling or congre-
gating" within city limits from
midnight to 6 a.m.
The move to repeal the city ordi-
nance was fostered by theiYouth
Liberation Front, a coalition of
youths affected by the curfew.
They were assisted by the Human
Rights-Radical Independent Party
Later, Harris used his veto to
reject a resolution passed by Coun-
cil 6-5 last week, which would have
essentially established a partisan
Republican majority on the
Boundary Commission-the group
charged with re-drawing the city's
voting wards before the next elec-
tion. The six Council Republicans
sponsored the resolution.
Harris, a Democrat, said he ve-
toed the resolution because it was
an "obviously extreme effort to
partisanize" the commission.
Political observers have specu-
lated that the re-drawing of the
wards could have a major effect
on the amount of impact thous-
ands of newly - enfranchised stu-
dent voters will have in upcoming
local elections.

An LSA student - faculty ad-
visory committee, approved last
spring by the college's faculty,
will become a reality soon, as
both the faculty and the LSA
student government prepare to
select thegmembersof the body.
The committee will serve to
advise the LSA faculty on mat-
ters of governance within the
Thegquestion of faculty repre-
sentation on the committee is
expected to be taken up today as
the LSA faculty holds their reg-
ular meeting. At the meeting,
selection of the 10 faculty mem-
bers who will sit on the commit-
tee will be discussed.
LSA student government is also
planning to name the 10 students
who will be on the committee.
Jim Bridges, LSAhstudent gov-
ernment president, said yester-
day the student unit will be
meeting soon to discuss the
The concept of a student-fac-


mem bers



Gardner Ackley Frank Rhodes

ulty organization to participate
in the government of the literary
college originated last fall with
the establishment of an ad-hoc
committee on governance. The
committee drafted a proposal for
a 40 member student-faculty
legislature with broad powers to
make decisions on the operations
of the college.
The plan, however, met with

considerable opposition from the
school faculty, as many profes-
sors felt it gave students too
much power. Economics Prof.
Gardner Ackley, for example,
expressed the opinion that stu-
dents lack "the maturity, experi-
ence and sound judgment" to
make decisions affecting the
At a faculty meeting in April,
the ad-hoc committee's proposal
was defeated, and in its place
a plan for an advisory commit-
tee was adopted.
Under the proposal, a 20 mem-
ber committee was created, to
be composed of 10 student and
10 faculty members, with the
authority to "consider and de-
bate any matter within the lit-
erary college faculty jurisdic-
Further, the committee was
empowered to r e v i e w faculty
legislation as well as bring its

own proposals before the faculty.
Reaction to the planned com-
mittee was mixed. Some students
expressed disappointment w i t h
the proposal claiming it was in-
ferior to the original proposal
and that it afforded students too
little voice in the affairs of the
Bob Black, member of the LSA
Student Government's Executive
Committee, has assailed sihe
planned commission as "struc-
turally incapable of evolving to-
wards real student-faculty gov-
ernment" and showing "faculty
contempt for the opinion of the
student majority."
While the extent to which the
committee will influence the col-
lege's affairs remains uncertain,
key figures among both the fac-
ulty and student communities
are now adopting a "wait and
see" attitude on the committee.
The committee, Bridges said
yesterday, will be a "self-deter-
mining body, who's powers and
influence will depend largely up-
on the people who constitute it."
Steve Wiessman of LSA stu-
dent government, said while the
committee's mandate is "less
than we were hoping for," the
amount of the committee's in-
fluence will depend upon whether
"the governing faculty will lis-
ten" to the committee's pro-
LSA Dean Frank Rhodes, how-
ever, spoke optimistically yes-
terday about the committee's
participation in the governing

Taylor meets recall drive leader
in debate over HISC testimony

of the college, saying it has po-
tential for "a lot of influence."
In theifr power to discuss mat-
ters and to speak at and bring
proposals before the faculty, the
committee "-has as much power
as any of us have," Rhodes said.
Bridges, while expressing a
guarded optimism concerning the
potential of the committee, warn-
ed that the faculty must cooper-
ate if it is to be successful. The
committee will be merely "a
facade," he said, "if the faculty
votes down everything they pro-

Student Government Council
member Brad Taylor last night
exchanged barbs with a member
of the group attempting to recall
him as the controversy over Tay-
lor's appearance before the House
Internal Securities Committee
(HISC) continues.
The debate between Taylor and
Bob Black, '73, on radio station
WCBN's Forum, focused upon the
politicalimplications of Taylor's
testimony this summer regarding
the People's Peace Treaty Confer-
ence, which was held in Ann Ar-
bor last February.

Black contended that Taylor
should be recalled because his
"friendly" testimony before HISC,
formerly the House Un-American
Activities Committee, has misrep-
resented many individuals and the
purpose of the conference itself.
Further he claimed Taylor's ac-
tion served to aid a committee
"whose purpose is to systematical-
ly collect information on leftist
groups and turn this over to peo-
ple who would hurt them."
Taylor, a member of the conser-
vative Young Americans for Free-
dom, countered that he would
have faced a jail sentence or a

fine if he had not appeared to
The SGC member added that he
was acting not in his official ca-
pacity as a student representative,
but, "as an individual."
"Under the Anglo - American
judicial system," he argued, one
will not be prosecuted "by one
government for obeying the laws
of another."
"I think this is nothing more
than repression of my right of
free speech," he added.
Black, however, said that Tay-
lor hurt some participants in the
conference by allowing their
names to be listed in the official
government transcript of the in-
Specifically, Black said Brian
Spears, former SGC member, and
black militant Robert Williams, a
fellow in the University's Center.
for Chinese Studies, were harmed
by Taylor's "inaccurate testi-
Spears, Black contended, did not
place a Vietcong flag on stage as
Taylor testified. And Robert Wil-
liams was not booed as Taylor told
HISC, Black said.
Taylor stood by his testimony,
maintaining, "To the best of my


lawyer rips grand


Contending that the grand jury system in
America is a "device out of control," Mi-
chael Tigar, counsel to black militant An-
gela Davis, last night urged the University's
law students to assist defense lawyers in-
volved in grand jury investigations.
"The government uses the grand jury to
process radical people into jail, quickly and

According to Tigar, the prominent defect
in the jury system centers upon the in-
vestigation of a witness. Because the ex-
amination of a witness before the jury is
held without any counsel, Tigar contends
the witness is likely to unknowingly in-
criminate himself.
"This practice is in total contradiction
to the Fifth Amendment," Tigar says.


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