Council No 11, Afscme v. Civil Service Commission

This case involves a conflict between the rule-making power of the Michigan Civil Service Commission and the law-making power of the Legislature and the need to determine which, upon the facts before us, is controlling.

We granted leave to appeal 1 to consider two specific issues raised in the defendant-appellant’s application for leave to appeal:

1) Whether 1976 PA 169 2 has application to employees in the state classified civil service; and

2) Whether Rule 7 of the Michigan Civil Service Commission 3 constitutionally regulates the political activities of employees in the state civil service.

Our…