Three Detroit public school employee unions are challenging the constitutionality of the law that allowed DPS Emergency Manager Roy Roberts to break collective bargaining agreements and impose pay cuts last week.
The Detroit Federation of Teachers, Association of Educational Office Employees and Federation of Paraprofessionals filed suit against Roberts and state Treasurer Andy Dillon in Detroit federal court on Thursday.
The Detroit News reports:
The unions are seeking a preliminary injunction to block Roberts’ executive order imposing a 10 percent pay cut on district employees. The order also calls for employees to pay 20 percent of their health care costs. The move was approved by Dillon, who oversees financial decisions for DPS while it’s under a financial manager.
Despite the request for action, “we are also anticipating and preparing for this case to go to trial,” said [DFT President Keith Johnson], who represents nearly 6,000 members, including 4,000 teachers.
Issued July 29, Roberts’ order affects nearly 10,000 employees — union and nonunion — and would save $81.8 million for the district, which has a $327 million deficit.
The 15-page lawsuit alleges that Roberts and Dillon violated a contract clause in the U.S constitution and a “takings clause” in the Fifth Amendment that says that “private property (shall not) be taken for public use without just compensation.”
Roberts was the first Emergency Manager to break a contract with school employees. The school employee case is the second federal challenge to the Emergency Manager law.
In April Detroit’s city pension systems — the General Retirement System of the City of Detroit and the Police and Fire Retirement System of the City of Detroit — sued Gov. Rick Snyder and state Treasurer Andy Dillon.
The pension systems, which represent about 32,000 current and retired city workers, claim that provisions of the Emergency Manager law that change the city charter and collective bargaining agreements violate the U.S. Constitution.