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BAY CITY SCHOOL v. ED. ASS'N.

Docket Nos. 74148, 74698, 74699. (Calendar Nos. 1-3).

425 Mich. 426 (1986)

390 N.W.2d 159

BAY CITY SCHOOL DISTRICT v. BAY CITY EDUCATION ASSOCIATION, INC REDFORD TOWNSHIP v. MORAN BROWN v. REDFORD TOWNSHIP

Supreme Court of Michigan.

Decided July 22, 1986.

Attorney(s) appearing for the Case

Allsopp, Fitzgerald & Kolka (by William W. Allsopp) for Bay City Schools, et al.

Frank A. Guido, General Counsel, Technical, Professional and Officeworkers Association of Michigan, for Moran, Haney, and Brown.

Foster, Swift, Collins & Coey, P.C. (by Thomas A. Baird), for Bay City Education Association, et al.

Christopher J. Johnson for Redford Township.

Amici Curiae:

Sachs, Nunn, Kates, Kadushin, O'Hare, Helveston & Waldman, P.C. (by Theodore Sachs and Mary Ellen Gurewitz), for Detroit Fire Fighters Association and Detroit Federation of Teachers; Miller, Cohen, Martens & Ice, P.C. (by Mark H. Cousens), for Michigan Federation of Teachers.

LEVIN, J.

The issue in these cases, consolidated for argument on appeal, is whether the pendency of unfair labor practice charges before the Michigan Employment Relations Commission precludes arbitration of breach of contract claims where the statutory claims submitted to the MERC and the contractual claims submitted to arbitration arise out of the same controversy.

In Detroit Fire Fighters v Detroit,

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