Melvindale-Northern Allen Park Federation of Teachers, Local 1051 v. Melvindale-Northern Allen Park Public Schools

549 N.W.2d 6, 216 Mich. App. 31
CourtMichigan Court of Appeals
DecidedMarch 22, 1996
DocketDocket Nos. 152208
StatusPublished
Cited by5 cases

This text of 549 N.W.2d 6 (Melvindale-Northern Allen Park Federation of Teachers, Local 1051 v. Melvindale-Northern Allen Park Public Schools) 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
Melvindale-Northern Allen Park Federation of Teachers, Local 1051 v. Melvindale-Northern Allen Park Public Schools, 549 N.W.2d 6, 216 Mich. App. 31 (Mich. Ct. App. 1996).

Opinion

Per Curiam.

Melvindale-Northem Allen Park Federation of Teachers, Local 1051, appealed as of right the decision of the Michigan Employment Relations Commission affirming the dismissal of its claim against the Melvindale-Northem Allen Park Public Schools, which alleged unfair labor practices under the public employment relations act, MCL 423.201 et seq.-, MSA 17.455(1) et seq. In an unpublished decision, we affirmed in substantial part, but remanded for clarification and explanation of merc’s determination that an employer’s duty to bargain is suspended during the pendency of an illegal strike. In an expanded opinion on remand, MERC reaffirmed its earlier holding. We now affirm.

Section 10(l)(e) of the pera provides:

It shall be unlawful for a public employer or officer or agent of a public employer ... to refuse to bargain collectively with the representatives of its public employees, subject to the provisions of section 11. [MCL 423.210(l)(e); MSA 17.455(10)(l)(e).]

At the time in question, § 15 provided:

A public employer shall bargain collectively with the representatives of its employees as defined in section 11 and is authorized to make and enter into collective bargaining agreements with such representatives. For the purposes of this section, to bargain collectively is the performance of the mutual obligation of the employer and the representative of the employees to meet at reasonable times and confer in good faith with respect to wages, hours, and other terms and conditions of employment, or the negotiation of an agreement, or any question arising thereunder, and the [34]*34execution of a written contract, ordinance or resolution incorporating any agreement reached if requested by either party, but such obligation does not compel either party to agree to a proposal or require the making of a concession. [MCL 423.215; MSA 17.455(15).]

The Legislature enacted the pera in 1965.1 Merc first considered whether the employer’s duty to bargain continues during the pendency of an illegal strike in 1970. In Saginaw Twp Bd of Ed v Saginaw Twp Ed Ass’n, 1970 MERC Lab Op 127, the majority opinion held that the duty continues and that an employer may be found to have committed an unfair labor practice if it refuses to bargain in good faith while its employees are engaged in an illegal strike.

Neither the Supreme Court nor this Court subsequently addressed the issue in a published opinion. [35]*35Until this case, merc followed the rule in Saginaw Twp. In its original decision in this case, merc held that it had incorrectly decided Saginaw Twp. Merc failed, however, to fully develop its reasons for reaching this conclusion. After remand from this Court, merc rectified its omission:

The [dissenting opinion prior to remand] first raises the question of why we decided to change our well established rule that a public employer must meet with the union during a strike, even though that strike is illegal under pera. Melvindale-Northern Allen Park Public Schools, 1992 MERC Lab Op 400, 410. We acknowledge that our original decision clearly, although perhaps too summarily, overruled Saginaw Twp, supra. Why change a rule which has been in existence since 1970? We share with the dissent a respect for the value of established precedent. However, after serious consideration, we find the reasoning of the majority opinion in Saginaw Twp to be erroneous. As discussed in detail below, we conclude that the principle established by Saginaw is inconsistent with the purposes of the Act and therefore should not be allowed to continue to stand. Our conclusion here has nothing to do with public satisfaction or dissatisfaction with the rule, but is based solely on our analysis of the statute.

The preamble to pera reads as follows:

“An act to prohibit strikes by certain public employees; 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.”
The dissent states, at pg 411, that “the Public Employment Relations Act was adopted to create a balance between the public employer and the public employee in the matter of labor-management relations to foster an equitable adjustment of interests, and to ensure fundamental [36]*36fairness for ail concerned.” This statement is true, but it only partially describes the Legislature’s intent. As indicated by the preamble, it is also the purpose of pera, like the Hutchinson Act which preceded it, to prohibit public employee strikes. Indeed, the language of the preamble, carried over from the Hutchinson Act, suggests that prohibition of strikes is a primary purpose of the Act. We agree with the dissent that one of the purposes of the statute is to preserve a “balance” between public employers and public employees and their representatives. However, unlike bargaining under the nlra [National Labor Relations Act], the system of collective bargaining contemplated by pera is founded on the premise that public employees will not strike. In return for depriving employees of the right to strike, essential under the nlra, the Legislature in pera provided employees with a fact finding procedure to help resolve disputes. Moreover, because of the strike prohibition, the Commission and the Courts have construed Section 15 of pera more expansively than its nlra counterpart to require mandatory bargaining on a wider range of subjects. Van Buren [Public] School District v Wayne Circuit Judge, 61 Mich App 6, 27 [232 NW2d 278] (1975). Whether or not these measures actually achieve their aim of preserving the balance between the parties is beside the point. We conclude that to force an employer to the negotiating table while its employees are engaged in an illegal strike would be contrary to the intent of the statute. Moreover, we conclude that the mutual obligation to negotiate in good faith cannot occur during the pendency of an illegal strike.
The dissent, at pg 411, goes on to point out that “parties to a public sector labor dispute can never resolve their differences unless they talk.” This is obvious. Many employers, when faced with public pressure to quickly end the strike, may voluntarily continue to bargain. However, the question here is whether when an illegal strike occurs we can legitimately force an employer to the bargaining table under Sections 10(l)(e) and 15 simply because doing so will result in a faster resolution of the dispute. We conclude that under the statute an employer should not be found guilty of bargaining in bad faith if it chooses to suspend bargaining until [37]*37the employees comply with their statutory obligation to return to work.

Merc held that a public employer may, but has no duty to, bargain with the representative of its employees when they are engaged in an illegal strike. A public employer’s duty to bargain is inextricably interwoven with a public employee’s duty to refrain from striking. Thus, when public employees breach that duty, the suspension of the employer’s duty neither penalizes the union or the employees nor provides a remedy to the employer.

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549 N.W.2d 6, 216 Mich. App. 31, Counsel Stack Legal Research, https://law.counselstack.com/opinion/melvindale-northern-allen-park-federation-of-teachers-local-1051-v-michctapp-1996.