Muskegon Building & Construction Trades v. Muskegon Area Intermediate School District

343 N.W.2d 579, 130 Mich. App. 420, 1983 Mich. App. LEXIS 3439
CourtMichigan Court of Appeals
DecidedNovember 8, 1983
DocketDocket 67497
StatusPublished
Cited by23 cases

This text of 343 N.W.2d 579 (Muskegon Building & Construction Trades v. Muskegon Area Intermediate School District) 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
Muskegon Building & Construction Trades v. Muskegon Area Intermediate School District, 343 N.W.2d 579, 130 Mich. App. 420, 1983 Mich. App. LEXIS 3439 (Mich. Ct. App. 1983).

Opinion

Per Curiam.

Defendant appeals by leave granted from an order granting a permanent injunction entered in the Muskegon County Circuit Court on October 13, 1982. The injunction enjoined defendant "from receiving bids and/or awarding contracts which do not require paying the prevailing wage rate and fringe' benefits” pursuant to MCL 408.551 et seq.; MSA 17.256(1) et seq.

On September 18, 1981, defendant purchased *423 Wesley School to be used as a special education facility. Approximately $220,000 of the purchase price was received from the State of Michigan pursuant to MCL 388.1656; MSA 15.1919(956).

Defendant then began to solicit bids for additions to, and the remodeling of, the school. The bid specifications for this project did not include provisions for the payment of wages and fringe benefits at the prevailing rates. Plaintiff became aware of this fact and filed its suit, requesting injunctive relief.

After a show cause hearing, the trial court concluded that plaintiff’s proposed construction of MCL 408.551 et seq.; MSA 17.256(1) et seq. (hereinafter referred to as "the prevailing wage act”) was correct. The court granted a permanent injunction premised on its finding that, by failing to provide for the payment of prevailing rates and benefits, defendant was guilty of a misdemeanor. MCL 408.557; MSA 17.256(7).

I

Does plaintiff have standing to bring this suit?

Defendant first alleges that plaintiff does not have standing to bring this lawsuit because it has failed to allege or show any injury to itself or its members as a result of defendant’s acts. 1

"Standing” is a term used to denote that a party’s interest in the outcome of a case is sufficient to ensure sincere and vigorous advocacy. At the same time, however, evidence that a party has engaged in full and vigorous advocacy, by itself, is insufficient to confer standing on a party. A liti.gant attempting to enforce or vindicate a right *424 extended by statute must also show that he will be detrimentally affected in a manner different than the citizenry at large. Alexander v City of Norton Shores, 106 Mich App 287; 307 NW2d 476, lv den 411 Mich 1004 (1981). Defendant asserts that until a contract has actually been awarded any harm to plaintiff is speculative since the low bidder on the contract may well offer prevailing wage and benefit rates. Defendant further notes that the prevailing wage act does not require that union employees be hired but, rather, only that prevailing wages and benefits be extended to those workers who are hired. Finally, defendant contends that it is obvious that plaintiff cannot be harmed by defendant’s alleged failure to comply with the act because plaintiff, itself, is clearly incapable of actually being employed by defendant.

The first of defendant’s arguments for finding that plaintiff lacks standing — that harm may never occur because the contract may ultimately be awarded to a contractor offering prevailing wages and benefits — goes to whether plaintiff is entitled to the injunctive relief it requested, not whether it has standing to prosecute this action.

Defendant’s argument that plaintiff lacks standing because the individual members of the trade associations it represents have no right to employment under the act is based upon this Court’s opinion in Kaminskas v Detroit, 68 Mich App 499; 243 NW2d 25 (1976), lv den 399 Mich 826 (1977). In Kaminskas, various associations representing city employees sought an injunction to restrain the City of Detroit from hiring provisional employees, which hiring was alleged to be in violation of the city charter. This Court upheld the lower court’s determination that the plaintiff associations lacked standing, noting that these associations failed to *425 allege that they were authorized to represent anyone who had been injured by the hiring of provisional employees. Kaminskas, supra, p 503. 2

In this case, by way of contrast, George Carrón, an officer of the plaintiff organization, made the following allegations in an affidavit which was filed with plaintiff’s complaint for declaratory judgment:

"1. The Muskegon Area Intermediate School District has advertised for bids for alterations and repairs to certain school buildings.

"2. The advertising for bids did not contain any requirement that the bidders be required to pay the prevailing wage rate.

"3. The bid documents do not contain any requirement that the contractors pay the prevailing wage rate.

"4. In my experience, under such circumstances, the prevailing wage rate is not paid to most, if not all of the workers.

"5. The journeymen members of the various trades belonging to the Muskegon Building and Construction Trades will not be hired or utilized in the alterations and repairs if [sic] the school buildings that are the subject of the bids.

"6. Irreparable harm will occur to these members because a significant number of them are unemployed and they will not be employed in the above subject project. If the prevailing wage rate were required to be paid, a substantial, if not all, journeymen hired for the project would be members of the Muskegon Building and Construction Trades.”

In contrast to the situation in Kaminskas, the affidavit filed here in support of the requested injunctive relief shows that plaintiff does represent trade organizations whose individual members will *426 allegedly be harmed by defendant’s failure to require all bidding contractors to offer prevailing wages and benefits. It is true that none of the individual members of the organizations represented by plaintiff has a right to a job on the Wesley School project if prevailing wages and benefits must be offered by defendant. Plaintiff alleges, however, that, if the prevailing wage act is complied with, the reality is that substantial numbers of these workers would, indeed, receive jobs on the project. Although defendant may contest these allegations, this again goes to whether plaintiff is entitled to the relief it requested, not its standing to bring this lawsuit.

Defendant’s final argument that plaintiff lacks standing is based on plaintiff’s status as an association of trade organizations — an association which is concededly incapable of being employed on the project. We disagree that this fact deprives plaintiff of standing.

In White Lake Improvement Ass’n v City of Whitehall, 22 Mich App 262; 177 NW2d 473 (1970), plaintiff sued to abate a nuisance allegedly caused by defendants’ discharge of pollutants into White Lake. Although plaintiff owned no property abutting the lake, some of its members were riparian landowners on the lake. The Court, speaking through Judge (now Justice) Levin, found that plaintiff had standing, stating:

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Bluebook (online)
343 N.W.2d 579, 130 Mich. App. 420, 1983 Mich. App. LEXIS 3439, Counsel Stack Legal Research, https://law.counselstack.com/opinion/muskegon-building-construction-trades-v-muskegon-area-intermediate-michctapp-1983.