Graham v. Fred Sanders Co.

161 N.W.2d 601, 11 Mich. App. 361, 1968 Mich. App. LEXIS 1289
CourtMichigan Court of Appeals
DecidedMay 27, 1968
DocketDocket 2,599
StatusPublished
Cited by12 cases

This text of 161 N.W.2d 601 (Graham v. Fred Sanders Co.) 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
Graham v. Fred Sanders Co., 161 N.W.2d 601, 11 Mich. App. 361, 1968 Mich. App. LEXIS 1289 (Mich. Ct. App. 1968).

Opinions

Lesinski, C. J.

The plaintiffs were employed at concessions operated by the Fred Sanders Company [365]*365in various supermakets in the metropolitan Detroit area. They were laid off for five weeks when, on August 31, 1964, Sanders’ bakery employees went on strike. This appeal presents the question whether the plaintiffs are entitled to unemployment compensation benefits for that five-week period.

Their claims for compensation were denied at the determination and redetermination stages, and on appeal to a referee. The referee found that the plaintiffs were employed in the same establishment employing the striking bakery workers. The referee also found that the claimants were “directly interested” in the labor dispute within the meaning of subsection 29(1) (b) of the employment security act.1 The referee’s findings were adopted verbatim by the employment security appeal board. The circuit court reversed the appeal board. The employment security commission appeals the circuit court’s decision.

Approximately 800 production employees work at the Sanders factory on Oakman boulevard. Approximately 1,000 additional persons work at the 53 retail stores operated by Sanders. Fifty sorters and truck drivers are also employed by Sanders. Each of these three groups of employees constitutes a separate bargaining unit represented by Council 30, United Distributive "Workers, AFL-CIO. The 47 plaintiffs are among 130 persons employed at 58 supermakets, constituting a separate bargaining unit represented by Local 876, Retail Store Employees Union, AFL-CIO.

It was stipulated before the employment security commission that Local 876 was the sole and exclusive [366]*366bargaining agent for all employees in retail outlets maintained by Sanders in retail grocery supermarkets in this State; that seniority of Local 876 members is limited to retail grocery outlets; that members of Local 876 constitute a separate bargaining-unit for purposes of collective bargaining; that bargaining between Local 876 and Sanders is conducted separately from other employees; that the collective bargaining agreement makes no reference to Council '30 and has no automatic carry-over provisions relating to Council 30’s contract; that Local 876 members did not finance the dispute, paid no money to Council 30; that Local 876 members ceased work at Sanders’ direction; and that Local 876 members did not picket.

The agreements with the three bargaining units represented by Council 30 expired August 31, 1964. The agreement with Local 876 covering the plaintiffs had expired on May 16, 1964. No agreement with any of the four bargaining units was reached until after the strike ended. Contracts were signed covering the bakery workers on October 14, 1967. Contracts with the other 2 bargaining units represented by 'Council 30 followed. The contract with Local 876 covering the plaintiffs was signed November 25, 1964.

Sanders maintains a central office adjacent to its manufacturing- plant. All management policies concerning employment, personnel relations, and merchandising emanate from this point. All employment applications, hiring, and discharges are cleared through the industrial relations department at the central office, but interviewing of applicants is often done at the locale where the vacancy exists.

Employees at both Sanders-operated retail stores and at supermarket concessions are supervised by “retail" distributing managers.” The retail distrib[367]*367uting managers report directly to the operations manager in the central office.

Section 29(1) (b) of the act provides, in part (more on this later), that an individual shall be deemed disqualified for benefits if his unemployment is due to a labor dispute “in the establishment in which he is or was last employed.”

The principal issue in this appeal is whether the plaintiffs were employed in the establishment in which the labor dispute was in progress, the employment security commission and the employer asserting — and the plaintiffs denying — that the nonstriking plaintiffs and the striking bakery employees were all employed in the same “establishment”. Con-cedely the functions of the two groups of employees, bakery and sales, were integrated in that without the other neither could continue to operate.

In the case that came to be known as the “Ford Canton” decision, Park v. Employment Security Commission (1959), 355 Mich 103, the Court held that functional integration of a company’s manufacturing plants located in Michigan and several other States did not necessarily make them a single “establishment” within the meaning of the act. The Court drew a distinction between “employing unit”, which is defined in the act, and “establishment”, which is not defined in the act.

The Park Court expressly adopted language from Nordling v. Ford Motor Company (1950), 231 Minn 68 (42 NW2d 576). In Nordling, supra, the tests of functional integrality, general unity, and physical proximity were not regarded as absolutes of what is “the establishment”.

More recently, in Northwest Airlines, Inc. v. Employment Security Commission (1966), 378 Mich 119, 129, four justices stated that the employees’ relationship to the unit of employment, rather than [368]*368the extent of integration or unification of the employer’s enterprise, was determinative.

“The Park Case thus defined ‘establishment’ in terms of a distinct physical place of business, necessarily localized in character. In so deciding, Park placed substantial reliance upon Nordling v. Ford Motor Company, supra, which posed a similar problem. Nordling held that a determination of whether a unit of employment is a separate ‘establishment’ within the meaning of the disqualifying provisions of their employment security laAV must be based upon all the facts relating to the relationship of the employee to the unit of employment, rather than on a determination of whether an entire enterprise or industry is highly integrated as to operating units or unified for the purpose of efficient management or production.”

The referee, whose findings were adopted by the appeal board, stated that Park “overruled functional integration as the basic test” and then went on to say that “while a finding of functional integration is not wholly determinative of the issue, it is one of the key factors to be considered.” The referee stressed the following:

1. The plaintiffs were hired and separated from their employment by the same employment manager and personnel director who discharged such functions as to the striking employees.

2. There was no independent managerial staff at any of the supermarket outlets where the plaintiffs work and they performed their function under the same general supervision as the striking employees.

3. Production schedules in the factory were geared to the sales of the company’s products in the retail store and supermarkets outlets.

Since the direct supervision of the plaintiffs at the supermarket outlets was by personnel who did [369]*369not supervise the striking2 employees, the referee’s finding that the striking employees were “under the same general supervision as the hourly-rated workers” must refer to overall executive supervision.

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Graham v. Fred Sanders Co.
161 N.W.2d 601 (Michigan Court of Appeals, 1968)

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Bluebook (online)
161 N.W.2d 601, 11 Mich. App. 361, 1968 Mich. App. LEXIS 1289, Counsel Stack Legal Research, https://law.counselstack.com/opinion/graham-v-fred-sanders-co-michctapp-1968.