Judge In Control Of Teacher Issue

Washtenaw Circuit Judge James R. Breakey Jr. has taken jurisdiction of the legal challenge to the "agency shop" provisión of the Ann Arbor teachers' master contract, relieving the Board of Education f r o m proceeding further under the Teachers Tenure Act. This was the agreement made by attorneys for the seven teachers who claim the "agency shop" provisión is unconstitutional, for the schools and for the Ann Arbor Teachers Association which had sought the dismissal of the seven. Agreement was reached just before 9 p.m. yesterday after about an hour of legal arguments and an hour of conferences between the attorneys, with and without the judge. The unusual night hearing was set by Judge Breakey yesterday noon when attorneys for the schools and for the seven teachers could not agree on ways to maintain the "status quo" until ,the judge could give them sufficient time for a full hearing. The eight points stipulated to by the three attorneys were read into the court record by Roscoe O. Bonisteel Jr., who represents the Board of Education. They are: -The seven pláintiff teachers will pay to the Ann Arbor Teachers Association (AATA) the dues or fees required by the agency shop clause "under protest" and will receive receipts showing that the sums were paid on those terms. -The AATA will accept the dues on that basis, gjtóing the legal determination Hhe state Icourts. H - If the courts determine that the agency shop provisión is illegal, the AATA will return the dues paid under protest to the seven plaintiffs. - The Ann Arbor Board of Education is relieved from proceeding further in the tenure hearing which had been requested by the AATA. This cancels a March 19 hearing set by the board Wednesday night. - The teachers association will notify the Board of Education that it is withdrawing the charges and is not proceeding under the tenure act. - Jurisdiction over the controversy involving the seven teachers who refused to join the association or to pay it fees equal to its dues is reserved to the Circuit Court. -The Board of Edücation withdrew its objection to the intervention in the case by the AATA, and the association's attorney participated in the agreement. - If the final court determination is that the collection of fees is legal, the AATA will retain the fees. Bonisteel said that all counsel understood that the seven teachers will have the right to .plunder Drotestuntil the matter is decided finally, presumably by the Michigan Supreme Court. He added that he believes the attorneys can work out a "stipulation of f acts" and that this can be done without testimony, and then briefs and arguments can be submitted to Judge Breakey. Af ter listening to arguments of the schools and the seven teachers' attorneys for an hour, Judge Breakey raised the question, "Has anyone thought of paying the fees unders protest until there is a determination of the law, as people pay taxes under protest when they challenge their assessment?" John Laird, attorney for the seven, said one of his clients had attempted that and was refused by the AATA. He said his clients were willing to pay under protest to the association, the school board or the court. Breakey told Laird to add that information to his complaint and that he would "be very interested in it," with regard to tiis decisión on the seven teachers' request for an injunction to keep the school board from bolding the tenure hearing. The judge said, "People have a right to protest, to have their rights tested, and to have a decisión on the f acts. "Here the Board of Education says the plaintiffs have not exhausted their legal remedies before seeking an unusual remedy in this court. The board says there is a procedure (the tenure hearing before the school board) where their (the seven teachers) rights may first be adjudicated by a recognized tribunal and this court has no jurisdiction. "Mr. Laird's position is that irreparable harm will result to his c 1 i e n t s if they lose in the tenure hearing. "The purpose of this court is to see if we can't f use the mat-l ters so that the legal remedies! are pursued and to guaranteel that the plaintiffs won't be irreparably injured if they go through the tenure procedure. "This court should always be careful even though it is found that a person does not have a right he thought he had, that he shouldn't be penalized very] much for testing it," the judge said. He then called the attorneys into chambers where the agreement was worked out. The teachers who brought the suit were present at last night's hearing. Laird contended throughout the arguments that the school board would have no choice but to fire the seven teachers at the tenure hearing because it had "already agreed in writing that they will termínate employment of teachers for this reason (refusal to pay the fees)."