Home/Michigan Court of Appeals/Dearborn Fire Fighters Union Local No 412, IAFF v. City of Dearborn

Dearborn Fire Fighters Union Local No 412, IAFF v. City of Dearborn

201 N.W.2d 650, 42 Mich. App. 51, 81 L.R.R.M. (BNA) 2826, 1972 Mich. App. LEXIS 888
CourtMichigan Court of Appeals
DecidedJuly 24, 1972
DocketDocket 11306; Docket 11920
StatusPublished
Cited by16 cases

This text of 201 N.W.2d 650 (Dearborn Fire Fighters Union Local No 412, IAFF v. City of Dearborn) is published on Counsel Stack Legal Research, covering Michigan Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Dearborn Fire Fighters Union Local No 412, IAFF v. City of Dearborn, 201 N.W.2d 650, 42 Mich. App. 51, 81 L.R.R.M. (BNA) 2826, 1972 Mich. App. LEXIS 888 (Mich. Ct. App. 1972).

Opinions

O’Hara, J.

(concurring except as to remand). Judge Bronson and I agree with Judge Brennan in all respects except as to the necessity for further arbitrational proceedings.

The failure of the city to designate a member of the arbitration panel, does not affect the panel’s jurisdiction. Jurisdiction stems from the legislative [54]*54grant over the subject matter. Whatever the effect of the presence or absence of the kind panel member might have been, it was the city’s doing that there were only two. Neither the city nor the union, were the situation reversed, can vitiate the arbitration procedure simply by inaction.

It would be quixotic, to say the least, were we to accept the city’s contention that because it refused to designate a panel member it can now compel the union to go through arbitration proceedings all over again.

Affirmed.

Bronson, J., concurred.

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Dearborn Fire Fighters Union Local No 412, IAFF v. City of Dearborn
201 N.W.2d 650 (Michigan Court of Appeals, 1972)

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201 N.W.2d 650, 42 Mich. App. 51, 81 L.R.R.M. (BNA) 2826, 1972 Mich. App. LEXIS 888, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dearborn-fire-fighters-union-local-no-412-iaff-v-city-of-dearborn-michctapp-1972.