1976-11-22; Central Michigan Life

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V Volume 58 No, 36
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>   Monday, November 22, 1976
t/x appeal denied
Court upholds FA fee
by PAM KLEIN
LIFE News Editor
The legality of a Faculty
Association (FA) agency shop fee
was upheld Friday when 21st
Circuit Court Judge Paul O'Connell
denied an appeal by Katherine Ux,
retired professor of art.
Ux was being sued by the FA
for non-payment of the fee, the
equivalent of union dues. The FA
initiated the suit against her more
than two years ago as a test case
and since has filed a class .action
suit against 150 other faculty
members who have not paid the
fee.
"We are elated aad delighted
it (the case) came down in our
favor," Ronald Johnstone, FA
president, said. "This kind of
reinforcement should carry a
message for some people because it
proves the District Court waa
correct,'1'
District Court Judge
Frederick M. Lewis first upheld
the Association's case against Ux in
January, but Ux's lawyers appealed the ruling in February,
O'Connell heard oral arguemehts in
the case Sept. 21.
"The decision says the Faculty
Association is the faculty's legal
representative in collective
bargaining, and that faculty
members are obliged to pay dues or
fees for services rendered,"
Johnstone added.
J. Norbert Musto, FA
executive director, said he was
pleased with the decision but
added, "I don't like what this is
deieg to the faculty."
"The Faculty Association is
not vindictive," Musto said.
Musto added O'Connell also
certified the class action suit,
denying a contention of lawyers for
the 150 faculty members that such
a suit was illegal, Attornies from
the National Right to Work Legal
Defense Foundation are defending
the 150 faculty and earlier had
argued each faculty member must
be sued individually.
The Foundation is a public,
non .profit legal defense group
which assists persons fighting
compulsory union membership,
according to Foundation literature.
James White,  FA  attorney,
■ said Ux has 20 days to appeal the
Circuit   Court 'decision.   "If   she
doesn't appeal, she'll simply have
to pay the money," he said,
Reynolds Campbell, Ux's
attorney, said he still was
reviewing the opinion and would
Students arraigned
in gun, larceny cases
by KATHY JENNINGS
CM LIFE Reporter
A Robinson Hall resident who
allegedly fired a BB pistol out a
dorm window, striking a
pedestrian with a BB, was
arraigned in 76th District Court
Friday.
Four other Robinson Hall
residents implicated in other cases
through the investigation- of the
shooting incident also were
arraigned. f    , , ,
Qennis Taylor, Blanchard
"jiMferV wai charged with simple
assaftlt ia the alleged shaetfag aad
unlawfully driving away a vehicle
witkeet intent (joyriding). He
pleaded not guilty ok the first
charge then requested his
arraignment on the second charge
be postponed until today.
David  Szydlowski,  Alpena
sophomore,   also   requested   his _
arraignment be  postponed   until
Elections
begin today
Students may vote today and
Tuesday to elect a student body
vice president, a Student
Association Board of Directors
senior at-large representative as
well as vote on approval of 23
proposed amendments to the SA
constitution..
Students may vote in the
lower level of the University
Center and dorm food commons
between 11 a.m. and 1 p.m., and
from 4 p.m. lto 6 p.m. A current
student ID card is required to vote.
today. He is charged with
unlawfully driving away a vehicle
and simple larceny.
John Luke, East Lansing
sophomore; Stephen Ure, Warren
sophomore; and Mark Worniak,
Livonia freshman all pleaded not
guilty to charges of simple larceny.
All charges are misdemeanors
punishable by a maximum penalty
of 90 days in jail, a 1100 fine or
both.
The seven warrants for the
arrest of the students 'wire' issued
by the Department of PubH* Safety
(DPS) Friday. Each of the students
were released on $1,000 persona!
recognizance bond.
Arrest of the five students was
the culmination of a DPS investigation which began Nov. 2
when two windows in Calkins Hall
were shot with a BB pistol. A
second shooting incident occured
Nov. 3 when a female student was
hit in the arm with a BB while
walking on Hopkins Court, just
south' of Robinson Hall, She was
not injured.
Further investigation led DPS
to believe the students had been
involved in other incidents.
As a result of the investigation, $250 of stolen property
was recovered. The property includes a leather coat from J.C.
Penney in the Mt. Pleasant
Shopping Center; a leather coat
from Beatty and White Men's
Shop, 117 -JE, Broadway; a chair
from the Wayside Central, corner
of Broomfield Road and Mission
Street;  and assorted  books  and
glasses.
DPS also determined some of
the students may have been involved in an Oct. 17 auto theft from
Kewadin Village.
Reacting to the DPS charges,
Luke, who is charged with larceny
under $100, said he believes the
case has been blown out of
proportion. "It seems like they are
just trying to get down on us. We
are in more trouble than we should
. ISee "Warrants ..." page 3)
have no comment on the case until
he had conferred with U& and
lawyers from the Foundation.
When asked whether he would
■ appeal the decision,'Campbell said,
"I know what I'm going to do, but
that's not for publication   yet."
Both Johnstone and Musto
said they believe Ux would appeal
the decision, but Johnstone said he
hoped she did not appeal..
"I hope they don't (appeal)," he
said, "It would be foolish and a
waste of time, energy and money."
"This has gone on long
enough," he added, "and we've had
two unequivieeble decisions'saying
this waa the appropriate thing. It's
time to get on with business."
"The Association doesn't feel
this reflects on Mrs. Ux,",Musto
added. "It's not an issue of her as a
person because she's a fine person.
Bpt    we    believe    we    have
represented  her  fairly   and   she
should pay her 'fair share of that
representation."
Musto and Johnstone added
letters would be sent to the 150
faculty members mentioned in the
class action suit giving them an
opportunity to comply with the
agency shop provision and remove
their name from the suit. Johnstone said he had no idea when the
letter would be filed. "That's a
matter we'll have to discuss with
our lawyers and the Board of
Directors," he said.
Robert Anthony, associate
professor of accounting and
business adminjstrtiott; Robert
Croll, associate professor of
business and administrtion, considered leaders in the anti-union
battle, could not be reached for
. comment,«. . _
CM UFE PHOTO BY SCOTT BKLLIMOER
s 	
SMOOTH—Bobbie Smith, tenor, croons a smooth tune during the
Spinners concert Friday night in Rose Arena. An enthusiastic
audience listened as the Spinners performed their special style of .
.. weitow^^ "2
Housing revisions requested
». ii . ■       . | i |     ■■ i I i ! ■ in  i i        ii   I i      i        ii        n |
Committee formulates policy
by JIM FISHER
CM LIFE Reporter
A policy dealing with entrance
to University ■ housing by
University personnel will be taken
before the President's Council for
final approval today. The proposed
policy was written by the Student
Association (SA) Entrance Policy
Revision Committee.
The committee, composed of
four administrators and four
students, agreed to the policy
Friday, at its third, meeting since
being formed Oct. 22.
The policy lists all situations
when the University has the right
to enter and search a room or
married student housing apartments and the procedures to be
followed in room entry or search.
Also established in the
proposed policy is a review board,
composed of two students and one
administrator, which will hear
cases from students who believe
their rights were violated in a room
entry or search.
j Under the proposed policy, the
University reserves the right to
enter rooms or apartments with
permission of a resident where
there exists an immediate threat to
the health and safety of occupants
or University property.
University personnel also may
enter with a valid search warrant
with the permission of the dean of
students or in his absence, the
acting dean, when there is believed
to be a violation of state, federal or
local laws. Maintenence personnel
and their designated agents also
may enter for maintenence,
repairs, replacement or inspection
of University property the
proposal states.
The policy states the
University has the right to search a
room or apartment with the
permission of residents, where
there exists an immediate threat to
the health and safety of the
residents and with a valid search
.warrant.
The need for a committee
arose when a revised entrance
policy was placed on the ballot of
the SA fall general election where
it was approved by 84 per cent of
the 2,615 students voting.
The results of the election
were    sent   to    Residence    Hall
ssembly (RHA), where a com*
mittee was formed to deal with the
issue. The committee was
disbanded and the present committee was formed.
According  to  Student Body
(See "Group ... " page 3)
Inside
auA-Senate discusses
licensing bill —page 3
• Freed      present?,
political data—page 8 ♦*:
• Central loses last gr0
game—page 10
Turkey day!
Students discuss meanings behind November holiday
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byJANELLJOHNSON
CM LIFE Reporter
Since the time- the Pilgrims
and the Indians staged a three-day
feast, Americans have set aside a
day to give thanks for the blessings
of the past year.
To celebrate the survival of
the first colony in America through
a bitter winter, Gov, William
Bradford, of Plymouth Colony,
issued the first Thanksgiving
proclamation in 1621.
Afterward it was celebrated
sporadically until Nov. 26, 1780
when President George
Washington proclaimed
Thanksgiving a nationwide holiday,
but at that time, it wsa observed
only in the northern United States.
In 1863, President Abraham
Lincoln proclaimed Thanksgiving
to be* national holiday* celebrated
on the last Thursday of November.
A Congrssional resolution in 1041
set,the date permanently as the
fourth Thursday of the month,
this'Thursday, American* in
each of the 50 states, the District of
Columbia and Puerto Rico will
celebrate the festive Occasion for
the 355th year.
For Thanksgiving 1976, many
CMU students said they believe
peace' and freedom are what
Americans have to be thankful for.
"We should be thankfuf we're
nob in war yet or that we haven't
been blown away by the U.S.S.R or
China," Leroy Keiplinger, May ville
freshman, said.
Keiplinger said he believes the
meaning of Thanksgiving has
gotten lost through the years,
"Most people look at it as another
holiday and they go crazy."
"At the first Thanksgiving,
they gave thanks and helped one
another,*' he added, "I don't think
today we're helping everybody."
Lynette Duenslng, Detroit
sophomore, is thankful tot the high
standard of living, freedom,
security and good health.
°I always think about what
Thanksgiving really means," she
said. "When preparing for the
holiday* I don't think people realize
that they have so much to be
thankful for."
Paul Gillan, Montague senior,
said, '-Thanksgiving is getting
together with the family and being
thankful for the things I have."
He said he believes
Thanksgiving's meaning has been
lost to a certain extent in all the
glitter and convictions of society^
but for some people it's still very
meaningful.
"ThehkSjgiving ha* been
diluted down," Scott Baldwin,
Ciawson sophomore, said. He said he
believes it is more commonly a
beginning for Christmas advertising;.
"I will give thanks that the
family gets together," he said. "It's
a peaceful period; there'* met as
much turateJL We have settled
mere late place."
"I'm here, alive and happy; I
have food, family atid friends,"
Leisa Ledwidge, Dexter freshma^C
said. "Thanksgiving is a time-IfaC
relax and see members of ttie£
family. I'll be thankful to get awi^
from this rat race," *:"$*■*
"We're not at war, the counj$}£
hasn't gone Crazy and we're not idt«t
depression," Ledwidge added, "£m
thankful that people are more open"
and close to each other." >"l
John MacMurray, East Tawj&s;
sophomore, is thankful for the idijjjft
of being alive ahd doing what-IS"
pleases. "I'm still alive, I'm in goo^
health and I'm enjoying it.      *£**
vacation
CM UFE ceases publicatipp
after today's issue until ne^t
Monday, in observance of $5
Thanksgiving holiday. :3£"
The staff of CM UFE wishfjl
students, faculty and Universit$
staff a safe and enjoyable hoi'day^
vacation. '•"„**£
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