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METRO PLUMBING ASS'N v. ESC

Docket No. 72928, (Calendar No. 1).

425 Mich. 407 (1986)

390 N.W.2d 150

METROPOLITAN DETROIT PLUMBING & MECHANICAL CONTRACTORS ASSOCIATION v. EMPLOYMENT SECURITY COMMISSION

Supreme Court of Michigan.

Decided July 22, 1986.

Attorney(s) appearing for the Case

Butzel, Long, Gust, Klein & Van Zile, P.C. (by Robert J. Battista and Gregory S. Muzingo), for the plaintiff.

Fred L. Harris, P.C., for defendants Beauvais, et al.

Amicus Curiae:

Clark, Klein & Beaumont (by John F. Burns, J. Walker Henry, and Timothy M. Koltun) for Employers' Unemployment Compensation Council.

ARCHER, J.

There are two issues before this Court. First, is the notice provision of Michigan's labor mediation act preempted by the National Labor Relations Act? Second, if state law is preempted, and this Court is precluded from fashioning a remedy based on state labor law, what effect does preemption have on the parties' dispute concerning payment of unemployment compensation? We find that since the notice provision of...

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