r- The Michigan Daily - Tuesday, June 7, 1983-- Page 3 AFSCME ACCUSES STATE OF ILLEGAL VOTING CONDUCT Union demands victory by default some supervisory duties, said Jim Thiry, University have caused a clerical to vote against the group By JAYNE HENDEL personnel director. which challenged the ballot, said McGhee. The union is also charging that clericals waiting in In an 18-part complaint filed with the state last A hearing at the MERC office in Lansing, which line to vote could overhear election officials' Friday union officials called for the University to hasn't been scheduled yet, will determine if the discussion which could have swayed their vote, voluntarily recognize the group as the bargaining union's charges are valid, and if there will be a new McGhee said. representative for the school's 3,300 clericals and election. Mc.eea sr r secretaries, said Reggie McGhee spokesman for the BUT UNIVERSITY officials contend that the vote Several ballots, which were torn or unreadable, American Federation of State, County, and was conducted properly and there is no need for a were disqualified by state officials. Union officials Municipal Workers (AFSCME). new election. said some of these "spoiled" votes were actually The union is charging that the Michigan Em- "Assuming (the objections) were all true I still valid. ployment Relations Commission (MERC) illegally don't believe it would be enough to set aside an elec- UNDER MERC guidelines, ballots which are conducted last month's three-day vote to unionize tion," said University attorney Bill Lemmer. "As "defaced, torn or marked in such manner that it is University clericals and secretaries, said McGhee. long as you're in a booth and no one knows how you not understandable, or identifies the voter.. shall be Univrsiy cericls nd ecrearis, aid c~he. ongdeclared void." UNION officials claim that AFSCME would have vote then I don't see any problem." The union also claimed that, "a photographer from won the election, if the commission had not violated Officials at MERC refused to comment on the The Michigan Daily invaded the polling site and its own guidelines, he said. The 1,217 to 1,216 vote was union's allegations. es M i aily p ise." too close to call and left 139 ballots which were The union is charging that MERC officials refused to leave the premises." challenged by AFSCME, MERC, and the University. disclosed to clericals who had their votes challenged, But, the photographer said she left when election The majority of the challenged votes, however, whether the University, the union or the state had officials asked ber to leave without taking any pictures. warp .,ll d by AFSCVMEOOh bic tha m h ina hi h ulled their ballot. Knowing this information might See AFSCME, Page 5. were punea y a m ecause decercla FU1UL11 /1V. A . F,01 11ViItLi111b Judge refuses to dismiss draft resister's case By HALLE CZECHOWSKI A federal judge refused to dismiss charges yesterday against the first Michigan man indicted for resisting the draft. Daniel Rutt, a 21-year-old Hope College graduate from Dearborn, con- tended in the first of four motions for dismissal that his constitutional rights have been violated, because the registration process does not allow him to obtain conscientious objector status until after he has been drafted. RUTT IS a Methodist and refuses to register because of his religious beliefs. But Federal District Court Judge Philip Pratt said in a six-page ruling that there exists no constitutional right to be classified as a conscientious ob- jector. Rutt said he was not surprised by the decision, and that he was not relying on it to win his case. "It was the most likely not to be accepted of the motions we put forth," Rutt said. Rutt's Lawyer, James Lafferty of the American Civil Liberties Union, said he was disappointed by the judge's ruling which was presented to Pratt ina hearing last Thursday. But Lafferty said the motion could set guidelines for other draft resister cases. "It is a novel matter, and there is no clear authority on it," he said. The Justice Department refused to comment on the case. TWO OF the four motions Rutt's at- torneys have filed were heard this mon- th. Pratt has yet to rule on one motion asking him to order the government to release more than 100 documents which defense attorneys say are vital to Rutt's case. The next motion, which will be heard July 6, asks that charges against Rutt be dropped because an order by President Reagan to start registration was carried out illegally. Rutt's attorneys contend that the or- der was not printed in the Federal Register, a list of new federal laws and statutes, for the required one month before it went into effect. The fourth motion will be heard August 5. It charges that the federal government is discriminating against the 15 men it has indicted for resisting the draft since an estimated 700,000 eligible men have not registered, ac- cording to Rutt's attorneys. Daily Photo by DEBORAH LEWIS Where there's smoke . .. Responding to a report of smoke in the computer room at the Union yester- day, Ann Arbor firefighters found that where there's smoke, there isn't always fire. The cause of the smoke was found to be a faulty fan, but there was not a fire in the building. Thief snatches grad student's research data By JAYNE HENDEL 'It's a very significant loss A University doctoral candidate lost a large portion of data in a burglary of his dissertation advisor's Mason Hall office early Friday morning. babies as part of his psychological Larry Friedberg, who had hoped to study. complete his doctorate in psychology A videotape camera belonging to the this year, found out Friday that two- University and a tape recorder were thirds of his videotaped research was also stolen from the locked office. Ann missing from Psychology Prof. Martin Arbor Police have no suspects in the Hoffman's office. case. FRIEDBERG had been videotaping Friedberg said the tapes and equip- interaction between mothers and their ment are estimated to be worth more s to me.' -Larry Friedberg doctoral candidate than $1,000, but that he can place no value on the time he spent collecting the data. "It's a very significant loss to me. It's something personal that hurts me," Friedberg said. HE ADDED that he will asks no questions and give a "substantial" reward for the return of the material and any information regarding the theft. He said he thinks he can compile a dissertation from the data he and his assistants have already transcribed from some of the tapes. But he added he had planned to use some of the tape of research after receiving his doctorate. Alfred Sussman, dean of the Rackham graduate school, said it is possible to reconstruct a dissertation without data, but that Friedberg's doc- toral committee will have to decide if his dissertation will be acceptable with so little data.