Rowry v. University of Michigan

490 N.W.2d 305, 441 Mich. 1
CourtMichigan Supreme Court
DecidedSeptember 22, 1992
DocketDocket Nos. 91292, 91293, (Calendar No. 2)
StatusPublished
Cited by24 cases

This text of 490 N.W.2d 305 (Rowry v. University of Michigan) 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
Rowry v. University of Michigan, 490 N.W.2d 305, 441 Mich. 1 (Mich. 1992).

Opinions

Cavanagh, C.J.

The plaintiff has appealed to this Court raising two issues: (1) whether the [4]*4plaintiff’s first complaint to enforce an arbitration award ordering the University of Michigan to reinstate the plaintiff is barred by a period of limitation, and (2) whether the plaintiff’s second complaint, alleging wrongful discharge, breach of contract, discrimination under the Civil Rights Act, and discrimination under the Workers’ Disability Compensation Act, is barred by the first complaint to enforce the arbitration award. We hold that the plaintiff’s cause of action to enforce the arbitration award is not barred by the six-month period of limitation applied by the Court of Appeals. Because we resolve the first issue in favor of the plaintiff, we need not reach the second issue. We reverse the judgment of the Court of Appeals and remand the case to the trial court for further proceedings consistent with this opinion.

i

The plaintiff, employed by the University of Michigan as a bus driver since 1973, was discharged in November 1986 for negligently operating his bus. He filed a grievance under his collective bargaining agreement. The agreement has a three-step grievance procedure. The first step requires an employee to notify his immediate supervisor of the particular problem. If an unsatisfactory oral answer is received, step two permits the employee to file a written grievance to the department head, or designated representative, for a written answer. If an unsatisfactory written answer is received, step three requires the submission of a written grievance from the chairperson of his union bargaining committee to the university review committee for a hearing and a written answer. After a grievance has proceeded through the three-step procedure, the grievance may be [5]*5submitted to arbitration. The plaintiff’s grievance went through the three-step procedure and was taken to arbitration. On April 23, 1987, the arbitrator issued a decision, finding that the plaintiff had operated his bus negligently but that discharge was not an appropriate remedy. The arbitrator ordered the plaintiff reinstated without back pay.

While the plaintiff’s grievance was pending, in December 1986, the plaintiff filed a workers’ compensation petition, alleging that he was unable to work because of an "aggravated hernia condition, blood pressure and ulcer condition due to stress of job.” The plaintiff listed three doctors who had treated him for his condition, Dr. Person-Brown, Dr. Dew, and Dr. Strasius. On May 5, 1987, the defendant’s doctor, Dr. Stunz, examined the plaintiff and concluded that "[o]n the basis of my evaluation of this man’s hypertension, peptic ulcer disease and hiatus hernia, I do not believe he is disabled from performing any and all duties which might be involved in the performance of his job as a bus driver for the University of Michigan.”

Following the examination by the defendant’s doctor, the plaintiff sought reinstatement by the university. On May 12, 1987, the university informed the plaintiff that he would have to submit a university physician’s statement from the three physicians listed on his workers’ compensation petition before he could return to work. The plaintiff submitted a release from Dr. Person-Brown, but not from the other two doctors. Although the defendant had successfully subpoenaed the records of Drs. Strasius and Dew, a further attempt by the plaintiff to be reinstated was again denied. As a result of this denial, the plaintiff filed another grievance on July 24, 1987, which resulted in a third-step hearing being held on August 6, 1987, [6]*6and a decision being issued on September 18, 1987. The university review committee found that

[t]he delays in assessing his ability to return to work are the result of his unwillingness to cooperate in providing the University with necessary medical information on his medical condition. There has been no violation of our Agreement. Therefore, this grievance and requested remedy are denied.

On February 29, 1988, the plaintiff filed a complaint in the Court of Claims to enforce the April 23, 1987, arbitration award. The defendant filed a motion for summary disposition on the ground that the lawsuit was barred by a six-month limitation period. The plaintiff responded with two arguments: First, there was no statutory basis for the six-month period of limitation; and second, even if a six-month period of limitation applied, the lawsuit was brought within six months of the September 18, 1987, decision by the university review committee. The Court of Claims granted the defendant’s motion for summary disposition.

The plaintiff filed a second complaint in the Court of Claims, alleging breach of contract, discrimination under the Workers’ Disability Compensation Act, discrimination under the Civil Rights Act, and wrongful discharge. The defendant responded with a motion for summary disposition, claiming that another action had been initiated involving the same parties and the same underlying claim.1 The court granted the defendant’s motion for summary disposition of the plaintiff’s second complaint.

The plaintiff appealed both decisions. The Court of Appeals consolidated the appeals and affirmed [7]*7the decision of the Court of Claims, relying on Walkerville Ed Ass’n v Walkerville Rural Communities School, 165 Mich App 341, 345; 418 NW2d 459 (1987). The plaintiff appealed in this Court, and we granted leave to appeal. 439 Mich 922 (1992).

ii

The dispositive issue before this Court is whether the plaintiff’s cause of action is barred by a six-month period of limitation. We hold that it is not.

The labor-mediation act, MCL 423.1 et seq.; MSA 17.454(1) et seq., is intended to provide alternatives to resolve labor disputes through mediation and arbitration. The act provides procedures for parties to submit disputes to voluntary arbitration.2 After an arbitration award has been rendered, the award is "enforceable at law or in equity as the agreement of the parties.”3 Absent from the act is any express legislation that limits the period during which a party may enforce an arbitration award. Attempting to remedy the absence of a period of limitation, the Court of Appeals in Walkerville borrowed a six-month period from the public employees relations act (pera).4 Specifically, the Court of Appeals in Walkerville stated:

An arbitration proceeding, being based on an agreement, is contractual in nature. Bay City School Dist [v Bay City, 425 Mich 426; 390 NW2d 159 (1986)]. The difficulty in this case arises because of MCL 423.9d; MSA 17.454(10.3), which, while allowing public labor disputes to be resolved [8]*8by arbitration, does not specify a limitation period for enforcing the arbitration award. Rather, the award rendered "shall be enforceable at law or in equity as the agreement of the parties.” MCL 423.9d(4); MSA 17.454(10.3)(4). This requirement suggests that an arbitration award in the public sector should be subject to the six-year limitation period for contracts contained in the Revised Judicature Act, MCL 600.5807(8); MSA 27A.5807(8). This limitation period, although perhaps applicable under strict rules of statutory construction, appears to be an unduly lengthy period for enforcing an arbitration award.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

David Smiley v. Richard H Szefer
Michigan Court of Appeals, 2026
Jeremy Nielson v. Jonathon Savino
Michigan Court of Appeals, 2025
Cedric Richardson v. Bridgett Wright
Michigan Court of Appeals, 2024
Robert Davis v. County of Wayne
Michigan Court of Appeals, 2023
People Infra LLC v. MacOmb County
Michigan Court of Appeals, 2020
Pingston-Poling v. Advia Credit Union
333 F. Supp. 3d 745 (W.D. Michigan, 2018)
Neil Sweat v. Detroit Housing Commission
Michigan Court of Appeals, 2016
Cipriano v. Cipriano
289 Mich. App. 361 (Michigan Court of Appeals, 2010)
Ann Arbor v. AFSCME LOCAL 369
771 N.W.2d 843 (Michigan Court of Appeals, 2009)
City of Ann Arbor v. American Federation of State Employees Local 369
771 N.W.2d 843 (Michigan Court of Appeals, 2009)
Miller v. Miller
707 N.W.2d 341 (Michigan Supreme Court, 2005)
Bayati v. Bayati
691 N.W.2d 812 (Michigan Court of Appeals, 2005)
Miller v. Miller
691 N.W.2d 788 (Michigan Court of Appeals, 2005)
Lorimer Ex Rel. Estate of Lorimer v. Berrelez
331 F. Supp. 2d 585 (E.D. Michigan, 2004)
Fast Air, Inc v. Knight
599 N.W.2d 489 (Michigan Court of Appeals, 1999)
Herweyer v. Clark Highway Services, Inc
537 N.W.2d 225 (Michigan Court of Appeals, 1995)

Cite This Page — Counsel Stack

Bluebook (online)
490 N.W.2d 305, 441 Mich. 1, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rowry-v-university-of-michigan-mich-1992.