Lamphere Schools v. Lamphere Federation of Teachers

252 N.W.2d 818, 400 Mich. 104, 84 A.L.R. 3d 314, 1977 Mich. LEXIS 130, 95 L.R.R.M. (BNA) 2279
CourtMichigan Supreme Court
DecidedMay 2, 1977
Docket58159, (Calendar No. 2)
StatusPublished
Cited by92 cases

This text of 252 N.W.2d 818 (Lamphere Schools v. Lamphere Federation of Teachers) is published on Counsel Stack Legal Research, covering Michigan Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Lamphere Schools v. Lamphere Federation of Teachers, 252 N.W.2d 818, 400 Mich. 104, 84 A.L.R. 3d 314, 1977 Mich. LEXIS 130, 95 L.R.R.M. (BNA) 2279 (Mich. 1977).

Opinions

Blair Moody, Jr.,

J. The issue in the case at bar is limited to whether a federation (union) of public school teachers may be held liable in tort by a public school district for alleged monetary damages incurred as a result of a peaceful strike prohibited by the public employment relations act (PERA), MCLA 423.201 et seq.; MSA 17.455(1) et seq.

We hold that plaintiff-appellant school district is barred from suing defendant-appellee federations for damages under any of the traditional common-law tort theories asserted infra. We arrive at this conclusion for basically three reasons.

First and foremost, after a careful study of both the specific language and the history of the PERA, we are convinced that the Legislature intended the PERA to occupy the public labor relations field completely in this context. Accordingly, except for the historical equitable relief of injunction, the remedies of discipline-discharge provided for under § 6 of the PERA are intended to be the sole and exclusive remedies available to a school district in dealing with a peaceful strike by a teachers’ federation.

Secondly, upon careful examination of existing Michigan case law, we find no applicable precedent for the cause of action pled by plaintiff school district. Michigan common law provides no founda[108]*108tion for the remedy sought under these circumstances.

Finally, we are convinced that public policy considerations interdict the creation of a new cause of action, which would unsettle an already precarious labor-management balance in the public labor relations sector.

Accordingly, we affirm both the circuit court and the Court of Appeals.

I — Facts

There is no material dispute as to the facts in the instant case. This is an appeal by plaintiff-appellant Lamphere Schools (hereinafter "school district”) from a trial court order granting the defendants-appellees’ motion for summary judgment and dismissing the school district’s complaint for failure to state a cause of action.

Plaintiff school district reinstituted suit on December 4, 1974, against the following defendantsappellees: the Lamphere Federation of Teachers as the collective bargaining representative of the teachers employed by the school district; Allan Coulter as President of the Lamphere Federation; the Michigan Federation of Teachers; and Arsch Derbabian as agent and representative of the Michigan Federation (hereinafter "federations”). The school district sought to recover in tort both compensatory and punitive damages for two strikes conducted by the teachers in September and October of 1973. The predecessor to this case was initiated on September 10, 1973, dismissed without prejudice for reasons not pertinent here, and then refiled.

In January, 1975, the defendant federations filed a motion for summary judgment pursuant to GCR [109]*1091963, 117.2(1), alleging that the school district’s complaint failed to state a cause of action. The motion was granted by the Oakland Circuit Court on February 5, 1975, and an order of dismissal was entered accordingly on February 14, 1975. The Court of Appeals affirmed the trial court’s decision on February 10, 1976. 67 Mich App 331; 240 NW2d 792 (1976). This Court granted leave to appeal on May 27, 1976.

Briefly stated, the plaintiff school district and defendant federations were parties to a collective bargaining agreement covering the approximately 270 teachers employed by the school district. Prior to the expiration of that agreement on September 3, 1973, the parties commenced negotiations for a successor agreement. However, they had not reached agreement by September 3, 1973. The teachers, thereafter, went out on strike and stayed out from September 4, 1973, through September 24, 1973. No classes were conducted during the strike.

The teachers returned to their teaching duties on September 25, 1973, pursuant to an injunction obtained in a separate action filed by a student’s parent in the Oakland Circuit Court. The teachers briefly renewed their strike on October 15, 1973, but returned to work the next day, following an order issued by the court to show cause why the teachers should not be held in contempt.

The terms for a successor collective bargaining agreement were ultimately reached and the agreement was signed in February of 1974. The injunction was dissolved. However, this tort suit was independent of the injunctive action and was expressly left standing by the successor agreement.

The school district alleged in its complaint that the conduct of the aforementioned federations [110]*110caused substantial damages to the school district. Count I of the complaint asserted that the federations, by their conduct, caused their member-teachers to strike contrary to an alleged common-law duty. Count II alleged that the conduct of the federations in recommending and subsequently calling the strike constituted a tortious interference with existing individual contractual relationships between the school district and its teachers. Count III of the complaint asserted a claim of recovery for civil conspiracy against the federations for planning and implementing the strike in violation of the PERA.

II — The PERA: Language, Intent, History

It is axiomatic that in resolving an issue involving any statutory schema, this Court will first look to the specific language of the statute itself. Dussia v Monroe County Employees Retirement System, 386 Mich 244; 191 NW2d 307 (1971). Furthermore, in interpreting a statute, this Court has the duty to ascertain and declare the intention of the Legislature; that intention, once ascertained, is then controlling. Aikens v Department of Conservation, 387 Mich 495; 198 NW2d 304 (1972).

In determining whether a public school district can maintain a civil tort action against the federations representing its teachers, where the federations allegedly precipitated a strike in violation of the statutory prohibition, this Court must examine the specific language and history of the PERA.

The purpose of the PERA, 1947 PA 336, as amended by 1965 PA 379, is well stated in the title of the statute:

"AN ACT to prohibit strikes by certain public em[111]*111ployees; to provide review from disciplinary action with respect thereto; to provide for the mediation of grievances and the holding of elections; to declare and protect the rights and privileges of public employees; and to prescribe means of enforcement and penalties for the violation of the provisions of this act. (Emphasis added, footnote omitted.)

Thus, it requires little extrapolation to ascertain the Legislature’s intent in enacting the PERA. The Legislature intended to proscribe strikes1 2 by public employees and to prescribe the means of enforcement and penalties for such strikes.

The plaintiff school district does not deny that the Legislature intended to prescribe the remedies for illegal strikes by public employees such as teachers. Rather, in a bifurcated argument, the school district maintains that remedies provided for by the PERA were not intended to be the exclusive remedies for illegal teachers’ strikes when precipitated by teachers’ federations.

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Bluebook (online)
252 N.W.2d 818, 400 Mich. 104, 84 A.L.R. 3d 314, 1977 Mich. LEXIS 130, 95 L.R.R.M. (BNA) 2279, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lamphere-schools-v-lamphere-federation-of-teachers-mich-1977.