Detroit Board of Education v. Detroit Federation of Teachers

223 N.W.2d 23, 55 Mich. App. 499, 88 L.R.R.M. (BNA) 2389, 1974 Mich. App. LEXIS 848
CourtMichigan Court of Appeals
DecidedSeptember 12, 1974
DocketDocket No. 18675
StatusPublished
Cited by15 cases

This text of 223 N.W.2d 23 (Detroit Board of Education v. Detroit Federation of Teachers) 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
Detroit Board of Education v. Detroit Federation of Teachers, 223 N.W.2d 23, 55 Mich. App. 499, 88 L.R.R.M. (BNA) 2389, 1974 Mich. App. LEXIS 848 (Mich. Ct. App. 1974).

Opinion

Bronson, P. J.

A teachers’ strike began in the City of Detroit on September 4, 1973, the day the school year was to commence. That same day plaintiff-appellee, Detroit Board of Education (hereinafter DBE), applied to the Wayne County [501]*501Circuit Court to have the strike enjoined. On September 7, 1973, this request was dropped voluntarily by the DBE. On September 18, 1973, a petition for writ of mandamus was filed by interested parties seeking to force the DBE to reactivate its injunction suit.

Upon issuance of the writ, the DBE requested that its suit be reinstituted. On September 21, 1973, Circuit Judge Thomas J. Foley issued a show-cause order to defendant-appellant Detroit Federation of Teachers (hereinafter DFT) and certain named union officers. After a lengthy hearing, Judge Foley signed an order for a mandatory injunction on September 25, 1973. He found that the teachers were public employees within the meaning of MCLA 423.201 et seq.; MSA 17.455(1) et seq., and further found that the teachers were on strike in violation of MCLA 423.201; MSA 17.455(1) and MCLA 423.202; MSA 17.455(2).

The injunction provided, in pertinent part, as follows:

"(1) That the officers of the Detroit Federation of Teachers Local 231 of the American Federation of Teachers and AFL-CIO, a voluntary unincorporated association, shall call a membership meeting of local 231 of the American Federation of Teachers and AFL-CIO forthwith.

"(2) That the officers of said federation and all the defendants shall at such meeting recommend and actively urge that the members of the Detroit Federation of Teachers Local 231 of the American Federation of Teachers and AFL-CIO return to their employment forthwith.

'■'(3) That the members of the Detroit Federation of Teachers Local 231 of the American Federation of Teachers and AFL-CIO return to their employment in the Detroit school system forthwith.”

On September 27, 1973, the judge issued an [502]*502order for posting the injunction on the main school doors of each school in the system to effectuate service of process on the individual union members. Service had been made on the defendant union officials on September 26,1973.

On September 28, 1973, the trial judge issued, at the request of the DBE, an order requiring the DFT and its officers to show cause why they should not be held in contempt of court for failure to obey the injunction. The alleged violations of the injunction were stated in the prayer for relief as follows:

"5. That defendants herein well knowing the premises but wholly disregarding the said injunction order of this court in that:

"(a) The Detroit Federation of Teachers and its officers have failed to call a membership meeting of said federation;

"(b) The Detroit Federation of Teachers and its officers have failed to recommend and actively urge said federation’s members to return to their employment forthwith,

"in contempt of the aforementioned injunctive order of this honorable court.”

Fines were sought as sanctions to compel obedience. Service was made on the named defendants on September 29, 1973.

Hearings lasted from October 1 to October 4, 1973. The trial judge found that defendant DFT and three defendant officers had failed to recommend and actively urge that members return to work. He specifically did not find that the defendants had violated that portion of the order requiring them to call a membership meeting. Fines and damages were imposed on each defendant found guilty of contempt in amounts and under conditions not relevant to the present case.

[503]*503In post-judgment proceedings, defendants-appellants moved, inter alia, for a new trial. The motion was denied by an order dated October 31, 1973. This appeal followed.

It is important at the outset to recognize that we are here not deciding whether the teachers’ strike was illegal. Nor are we deciding whether the injunction was proper.

We reach and decide only two issues, which may be stated as follows:

I. Was the injunction, and the findings of contempt resulting from its violation, void for lack of subject-matter jurisdiction?

II. Was there sufficient evidence to support the findings of contempt?

I.

The Michigan Employment Relations Commission (MERC) has been given exclusive jurisdiction over all unfair labor practices. MCLA 423.216; MSA 17.455(16). See Labor Mediation Board v Jackson County Road Commissioners, 365 Mich 645; 114 NW2d 183 (1962).

DFT asserts that, by virtue of a recent amendment,1 a strike is now to be considered an unfair labor practice. If that claim is valid, the conclusion sought — that MERC has exclusive jurisdiction — follows inexorably.

Reliance for the minor premise is placed on MCLA 423.210(3)(c); MSA 17.455(10)(3)(c), which now provides in pertinent part:

"(3) It shall be unlawful for a labor organization or its agents * * * (c) to refuse to bargain collectively with a public employer * * * .”

[504]*504A "strike” is defined in MCLA 423.201; MSA 17.455(1) as "the concerted failure to report for duty, the wilful absence from one’s position, the stoppage of work, or the abstinence in whole or in part from the full, faithful and proper performance of the duties of employment, for the purpose of inducing, influencing or coercing a change in the conditions, or compensation, or the rights, privileges or obligations of employment”.

This broad definition of "strike” is said to include failure to bargain in good faith, since good faith bargaining is one of the "duties of employment”. Therefore, concludes DFT, a strike is an unfair labor practice, furnishing MERC with exclusive jurisdiction.

This reasoning is faulty on both logical and policy grounds. First, to say that a failure to bargain in good faith might constitute a strike for purposes of the definition of the latter term in MCLA 423.201; MSA 17.455(1) is not to say that every strike is an unfair labor practice. It is surely possible that a union could both bargain in good faith and still strike.

Moreover, the term "strike” is conspicuously absent from the list of those labor practices defined in MCLA 423.210; MSA 17.455(10) as unfair. Extending jurisdiction, particularly exclusive jurisdiction, by implication is appropriate only when absolutely necessary. Holland School District v Holland Education Association, 380 Mich 314, 325; 157 NW2d 206 (1968).2

Finally, acceptance of appellant DFT’s argument would render redundant the provisions of MCLA 423.202; MSA 17.455(2) which make public strikes [505]*505illegal. For if — as DFT claims — all strikes are unfair labor practices and thereby illegal anyway, a law making it illegal to strike would be unnecessary. We cannot ascribe such an anomalous result to the Legislature but must strive to construe statutes consistently. See In re State Highway Commission, 383 Mich 709; 178 NW2d 923 (1970).

For the above reasons, in the absence of specific language to the contrary, we uphold the historic power of courts to enjoin strikes by public employees. See Holland, supra.

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223 N.W.2d 23, 55 Mich. App. 499, 88 L.R.R.M. (BNA) 2389, 1974 Mich. App. LEXIS 848, Counsel Stack Legal Research, https://law.counselstack.com/opinion/detroit-board-of-education-v-detroit-federation-of-teachers-michctapp-1974.