Find updates on RUO and 4 percent challenges

MCO will post updates on the RUO dispute and the 4 percent lawsuit on this page.

STATUS OF RUO DISPUTE 4/22/13: The Civil Service Commission classification division has finished its investigation. CSC representatives interviewed corrections officers at every prison in the state. Right now, we’re just waiting on them to analyze their findings and make a decision. MCO is doing everything it can to push this along.

  • UPDATE 4/26/13 MCO recently inquired again about the status of this situation. This week, we received this response from our contact at the MCSC:  “I expect to release our report within a few weeks—definitely in May.”
  • UPDATE 6/4/13 Yesterday MCO again inquired about the status of the report. We received this response from our contact at the CSC: “It will be coming out next week.  Sorry for the delay.
  • UPDATE 6/17/13 Report received. The MCSC classification division said the DOC was within its rights to abolish the RUO classification. Read an MCO article on the decision or  read the CSC’s report.
  • UPDATE 6/29/13 MCO is appealing the CSC study on behalf of all affected members. Read more in this bulletin.
  • UPDATE 9/27/13 MCO will file its appeal next week. Read more in this KYI.
  • UPDATE 1/31/14 MCO filed an appeal as promised. We are waiting on the Department to respond.
  • UPDATE 2/22/14 The state filed a response. Now a technical review officer will make a decision. Read more in this KYI.
  • UPDATE 7/25/14 The MCSC technical review officer has sided with the Department. Read more in this bulletin.
  • UPDATE 5/20/15 The Employment Relations Board sided with the Department. Read more in this bulletin.
  • UPDATE 8/24/15: The RUO dispute has been filed in Ingham County Circuit Court. Read more in this KYI.
  • UPDATE 1/22/16: This case will have a hearing Feb. 17. Read more in this KYI.

    Mary Ellen Gurewitz, MCO's outside legal counsel, argues the union's position in court Wednesday. The MCO Executive Board listens.

    Mary Ellen Gurewitz, MCO’s outside legal counsel, argues the union’s position in court Wednesday. The MCO Executive Board listens.

  • UPDATE 3/17/16: The hearing took place as scheduled on Feb. 17. Today we were notified the judge ruled in our favor. Read more in this bulletin.
  • UPDATE 4/8/16: MCSC and MDOC have filed an appeal request. Read more in this KYI.
  • UPDATE 8/30/16: The appeal request was approved. The case now sits at the Michigan Court of Appeals.

STATUS OF 4 PERCENT LAWSUIT 4/22/13: The lawsuit is now at the Michigan Court of Appeals. A district court judge sided with state employees last fall, and the State appealed the decision to the Court of Appeals. MCO is doing everything possible to push this case along, but please understand, the courts work slowly. After a decision is made, the losing side will probably take the case to the State Supreme Court, which would then need time to review the case.

  • UPDATE 5/13/13 The Court of Appeals has scheduled oral arguments at 10 a.m. June 12. After the arguments, the Court will write an opinion. The Court has no deadline for writing the opinion. For more on this update, read this bulletin.
  • UPDATE 7/1/13 Arguments took place as scheduled. No word on when we will have an opinion. For more on this update, read this KYI.
  • UPDATE 8/14/13 The Court of Appeals has ruled the 4 percent contribution is unconstitutional! This is a victory! For more on this update, read this bulletin.
  • UPDATE 9/25/13 Yesterday the state filed paperwork requesting the Supreme Court to examine the case. State employee unions will file a legal brief soon. Read this post for more details.
  • UPDATE 1/31/14 The Supreme Court announced it will take up the case.
  • UPDATE 6/13/14 Last week, MCO’s attorneys told us they do not anticipate this suit will be heard before the Supreme Court’s summer recess. Read this KYI for more details.
  • UPDATE 12/4/14 The Michigan Supreme Court will hear arguments in this case Tuesday, Jan. 13.
  • UPDATE 5/20/15: The Supreme Court heard arguments as scheduled. We are still waiting on a decision.
  • UPDATE 7/29/15: The Michigan Supreme Court ruled against unions in the 4 percent. Read this bulletin for more details. The Michigan Supreme Court is the highest this case can be appealed.

Please be aware, the information on this page won’t change until we have an update. We are constantly asking the CSC and our attorneys for updates and we communicate developments as soon we know the details. If you don’t hear or read anything new for weeks, it’s because there’s nothing new to report.

The MCO KYI frequently has updates on the RUO and 4 percent challenges. To see past updates, visit our KYI archives.

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