Metropolitan Council No 23 v. Oakland County Prosecutor

294 N.W.2d 578, 409 Mich. 299, 1980 Mich. LEXIS 240, 105 L.R.R.M. (BNA) 3424
CourtMichigan Supreme Court
DecidedJuly 16, 1980
Docket63127, (Calendar No. 15)
StatusPublished
Cited by36 cases

This text of 294 N.W.2d 578 (Metropolitan Council No 23 v. Oakland County Prosecutor) 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
Metropolitan Council No 23 v. Oakland County Prosecutor, 294 N.W.2d 578, 409 Mich. 299, 1980 Mich. LEXIS 240, 105 L.R.R.M. (BNA) 3424 (Mich. 1980).

Opinions

Williams, J.

(for reversal). This is a case of first impression in this Court. Generally, it involves whether 17 prosecutor’s investigators employed in the Oakland County Prosecutor’s Department and represented by a separate collective bargaining unit therein may initiate compulsory, binding "public police and fire department” interest arbitration proceedings pursuant to 1969 PA 312. MCL 423.231 et seq.; MSA 17.455(31) et seq. (act or Act 312).

The Legislature, seeking to avoid the peril to public safety, order and welfare caused by "public police and fire department” critical-service work stoppages, enacted Act 312. The express purposes, objects, and mechanics of the act are codified in §§ 1, 2(1) and 3 respectively:

"Sec. 1. It is the public policy of this state that in public police and fíre departments, where the right of employees to strike is by law prohibited, it is requisite to the high morale of such employees and the efficient operation of such departments to afford an alternate, expeditious, effective and binding procedure for the resolution of disputes, * * *.” MCL 423.231; MSA 17.455(31). (Emphasis supplied.)
"Sec. 2. (1) Public police and £re departments means any department of a city, county, village, or township having employees engaged as policemen, or in fire fighting or subject to the hazards thereof, emergency medical service personnel employed by a police or fire department, or an emergency telephone operator employed by a police or fire department.” MCL 423.232(1); MSA 17.455(32)(1). (Emphasis supplied.)
"Sec. 3. Whenever in the course of mediation of a public police or ñre department employee’s dispute * * * [an impasse is reached], the employees or employer may initiate binding arbitration proceedings [308]*308* * MCL 423.233; MSA 17.455(33). (Emphasis supplied.)

In essence, pursuant to § 3 either "the employees or employer” of a §2(1) public police or fire "department * * * having employees engaged as policemen, * * * or subject to the hazards thereof’, may initiate binding interest arbitration proceedings to resolve a "public police or fire department employee’s dispute” where, as stated in § 1, "it is requisite to the high morale of such employees and the efficient operation of such departments” for averting critical-service work stoppages.

While the act as a whole was obviously engineered to avert critical-service work stoppages arising from the nonresolution of a "public police * * * department employee’s dispute”, the act is inherently ambiguous regarding eligibility to invoke its intended coverage. Although §§ 1, 2(1) and 3 each refer to a "public police or fire department” as the object of the act’s dispute resolution coverage, this object admits of three differing interpretations. These interpretations depend on whether one concentrates on (1) the literal status of the interested municipal department/employer, (2) the critical-service status of the complaining employee, or (3) the critical-service status of both guided by the legislative intent underlying the act as a whole.

The first interpretation concentrates sole attention on the status of the interested department/ employer and emerges from a literal reading of §2(1) alone. As such, regardless of the critical-service employment status of the particular complainant employee, if the interested department/ employer is a literal §2(1) county department having somewhere within its ranks more than one employee engaged subject to the hazards of police [309]*309work, both itself and all of its employees may invoke the act as a statutorily-defined "public police department” employer or employee. The sole requisite for invocation of the act under this interpretation is a finding that the interested department of municipal government — whatever its principal function or charter, be it a city administrative department, a county library, or a township sanitation department-engage more than one employee in either police work or in a capacity subject to the hazards thereof. Literal satisfaction of the § 2(1) scope provision alone is thought sufficient to activate the entire Act 312 statutory scheme in favor of all departmental employees’ disputes; further, no reference is made to whether operation of the act in favor of this interested department/employer as well as each of its employees would effectuate the act’s manifest intent to avert critical-service work stoppages. This interpretation has been argued and rejected in dicta by at least two Court of Appeals panels.1

[310]*310The second interpretation focuses solely on the critical-service employment status of the complaining employee forwarding the dispute. As such, regardless of the critical-service nature of the interested municipal department/employer, if the complainant is found to be a county department employee subject to the hazards of police work pursuant to the literal terms of § 2(1), that party will be considered a §3 "public police * * * department employee” whose dispute may be resolved through initiation of Act 312 proceedings. Under this interpretation, literal satisfaction of the § 2(1) scope criterion that the complainant be subject to the hazards of police work is thought to engage the totality of inquiry without the necessity of considering whether invocation of the act’s proceedings to resolve that party’s dispute would effectuate the act’s manifest intent as a whole. This narrow interpretive analysis was employed by both the MERC 2 and the Court of Appeals3 to hold the dispute of the instant prosecutor’s investigators subject to Act 312 arbitration; other panels of our Court of Appeals and the MERC, as well as the Attorney General have likewise pursued this singular interpretive analysis to resolve similar eligibility questions.4

[311]*311The third interpretation converges on the critical-service status of both the complainant employee and the interested department/employer. In accordance with this interpretation, it is only when both critical-service elements are satisfied that the act’s § 1 purpose and policy will be effectuated, i.e., to resolve a "public police * * * department employee’s dispute”, where "it is requisite to the high morale of such employees and the efficient operation of such departments” for averting critical-service work stoppages. Under this dual, whole-act interpretation, two premises must be satisfied. First, the particular complainant employee must be subject to the hazards of police work; it is not enough that the interested department/employer merely employ at least two persons engaged in that capacity who are not complainants. Second, the interested department/employer must be a critical-service county department engaging such complainant employees and haying as its principal function the promotion of the public safety, order and welfare so that a work stoppage in that department would threaten community safety; again, it is not enough that the [312]*312interested department/employer merely employ at least two persons who fulfill the first premise whether or not complainants.

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Bluebook (online)
294 N.W.2d 578, 409 Mich. 299, 1980 Mich. LEXIS 240, 105 L.R.R.M. (BNA) 3424, Counsel Stack Legal Research, https://law.counselstack.com/opinion/metropolitan-council-no-23-v-oakland-county-prosecutor-mich-1980.