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CITY OF MANISTEE v. EMPLOYMENT RELATIONS COMMISSION

Docket No. 93696.

168 Mich. App. 422 (1988)

425 N.W.2d 168

CITY OF MANISTEE v. EMPLOYMENT RELATIONS COMMISSION

Michigan Court of Appeals.

Decided May 16, 1988.

Attorney(s) appearing for the Case

Clary, Nantz, Wood, Hoffius, Rankin & Cooper (by John H. Gretzinger), for plaintiff.

Frank J. Kelley, Attorney General, Louis J. Caruso, Solicitor General, and Jon M. DeHorn, Assistant Attorney General, for defendant Michigan Employment Relations Commission.

Sachs, Nunn, Kates, Kadushin, O'Hare, Helveston & Waldman, P.C. (by Theodore Sachs, Ronald R. Helveston and Alison L. Paton), for Manistee Fire Fighters Association.

Amicus Curiae:

Sachs, Nunn, Kates, Kadushin, O'Hare, Helveston & Waldman, P.C. (by Ronald R. Helveston), for Michigan State Fire Fighters Association.

Stringari, Fritz, Kreger, Ahern, Bennett & Hunsinger, P.C. (by Brian S. Ahern and Patricia Nemeth), for Michigan Municipal League.

Frank A. Guido, for Police Officers Association of Michigan.

Before: MacKENZIE, P.J., and DOCTOROFF and J.C. KINGSLEY, JJ.

J.C. KINGSLEY, J.

This case presents the issue whether good faith bargaining to impasse is a prerequisite to a union's right to invoke the binding arbitration procedure established by 1969 PA 312 (Act 312), MCL 423.231 et seq.; MSA 17.455(31) et seq., for public police and fire departments. The trial court ruled that good faith bargaining to impasse was not a prerequisite and, accordingly, granted judgment in favor of defendants Michigan Employment Relations...

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