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STATE OF MICHIGAN
COURT OF APPEALS


DAVID BABCOCK, Petitioner-Appellant, v STATE OF MICHIGAN, DEPARTMENT OF TRANSPORTATION, and MICHIGAN CIVIL SERVICE COMMISSION, Respondents-Appellees.

UNPUBLISHED June 18, 1999

No. 200992 Ingham Circuit Court LC No. 96-083681 AA

Before: Neff, P.J., and Hood and Murphy, JJ. PER CURIAM. The Michigan Department of Transportation (MDOT) discharged petitioner for misconduct, and petitioner filed a grievance. At the subsequent four-step grievance hearing, the hearing officer found that petitioner had not engaged in misconduct, but had a performance problem that should have been dealt with through the use of corrective discipline and not dismissal. MDOT appealed. The Michigan Civil Service Commission Employment Relations Board agreed with the hearing officer that dismissal was not warranted, although it found that petitioner had engaged in misconduct. MDOT again appealed, whereupon the Civil Service Commission reinstated petitioner's dismissal. Petitioner then appealed as of right to the circuit court, which upheld the Civil Service Commission decision. Petitioner now appeals to this Court by leave granted, and we reverse. The Civil Service Commission was established by the Michigan Constitution and is charged with establishing the terms and conditions of employment for those who hold positions in the classified state civil service. Const 1963, art 11,

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Michigan Law