AFSCME v. MENTAL HEALTH DEP'T

Docket Nos. 158997, 159006, 159007, 163908-163911, and 172408-172410.

545 N.W.2d 363 (1996)

215 Mich. App. 1

AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES, Petitioner-Appellee, v. DEPARTMENT OF MENTAL HEALTH, Respondent-Appellant, and Quality Living Systems and Paragon, Respondents-Appellees. AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES, Petitioner-Appellee, v. DEPARTMENT OF MENTAL HEALTH, Respondent-Appellant, and Central State Community Services and Saginaw County Community Mental Health, Respondents-Appellees. AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES, Petitioner-Appellee, v. DEPARTMENT OF MENTAL HEALTH, Respondent-Appellant, and Community Normalization Home, Inc., and Jackson Hillsdale Department of Mental Health, Respondents-Appellees. AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES, Petitioner-Appellee, v. DEPARTMENT OF MENTAL HEALTH, Respondent-Appellant, and Innovative Housing Development, Respondent-Appellee. AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES, Petitioner-Appellee, v. DEPARTMENT OF MENTAL HEALTH, Respondent-Appellant, and Independent Opportunities, Inc., Respondent-Appellee. AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES, Petitioner-Appellee, v. DEPARTMENT OF MENTAL HEALTH, Respondent-Appellant, and A.R.C. Corporation, Respondent-Appellee. AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES, Respondent-Appellee, v. DEPARTMENT OF MENTAL HEALTH, Respondent-Appellant, and Harrington House, Inc., Respondent-Appellee. AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES, AFL-CIO, Petitioner-Appellee, v. DEPARTMENT OF MENTAL HEALTH, Respondent-Appellant, and Alternative Services, Inc., Respondent-Appellee. AMERICAN FEDERATION OF STATE, COUNTY, AND MUNICIPAL EMPLOYEES, AFL-CIO, Petitioner-Appellee, v. DEPARTMENT OF MENTAL HEALTH, Respondent-Appellant, and New House, Inc., Respondent-Appellee. INTERNATIONAL UNION, UNITED AUTOMOBILE AEROSPACE AND AGRICULTURAL IMPLEMENT WORKERS OF AMERICA, Petitioner-Appellee, v. DEPARTMENT OF MENTAL HEALTH, Respondent-Appellant, and River's Edge Residential Services, Inc., Respondent-Appellee.

Court of Appeals of Michigan.

Decided January 12, 1996, at 9:00 a.m.

Released for Publication March 19, 1996.


Attorney(s) appearing for the Case

Webb, Hildebrandt & Paton, P.C. by Alison L. Paton, L. Rodger Webb, and Ann Hildebrandt, Detroit, for American Federation of State, County and Municipal Employees.

Greenspon, Scheff & Washington, P.C. by Donald B. Greenspon and George B. Washington, Detroit, for International Union, United Automobile, Aerospace and Agricultural Implement Workers of America.

Frank J. Kelley, Attorney General, Thomas L. Casey, Solicitor General, and Clive D. Gemmill, Suzanne L. Wilhelm, Barbara A. Schmidt, Cheryl B. Lord, and Peter L. Trezise, Lansing, for Department of Mental Health.

Before SMOLENSKI, P.J., and HOOD and CALLAHAN, JJ.


SMOLENSKI, Presiding Judge.

In these consolidated cases, respondent Department of Mental Health (DMH) appeals as of right decisions of the Michigan Employment Relations Commission (MERC). We vacate those decisions on the ground that the MERC's jurisdiction is preempted by the National Labor Relations Act (NLRA), 29 U.S.C. 151 et seq.

Quality Living Systems; Central State Community Services; Community Normalization Home, Inc.; Innovative Housing Development...

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