Board of Control of Eastern Mich. University v. Labor Mediation Bd., No. 21

CourtSupreme Court of Michigan
Writing for the CourtPER CURIAM; In denying declaratory relief, The Honorable William F. Ager, Jr.
Citation384 Mich. 561,184 N.W.2d 921
Decision Date05 April 1971
Docket NumberNo. 21
Parties, 77 L.R.R.M. (BNA) 2685, 65 Lab.Cas. P 52,535 BOARD OF CONTROL OF EASTERN MICHIGAN UNIVERSITY a constitutional body corporate, Plaintiff-Appellant, v. LABOR MEDIATION BOARD Defendant-Appellee.

Page 921

184 N.W.2d 921
384 Mich. 561, 77 L.R.R.M. (BNA) 2685,
65 Lab.Cas. P 52,535
BOARD OF CONTROL OF EASTERN MICHIGAN UNIVERSITY a
constitutional body corporate, Plaintiff-Appellant,
v.
LABOR MEDIATION BOARD Defendant-Appellee.
No. 21.
Supreme Court of Michigan.
April 5, 1971.

[384 Mich. 562] Dykema, Gossett, Spencer, Goodnow & Trigg, James D. Tracy, Ronald J. Santo, Daniel G. Wyllie, Detroit, for appellant.

Frank J. Kelley, Atty. Gen., Robert A. Derengoski, Sol. Gen., Eugene Krasicky, Asst. Atty. Gen., Gerald F. Young, Asst. Atty. Gen., Lansing, for defendant-appellee.

Before the Entire Bench.

PER CURIAM.

Plaintiff brought this action to obtain declaratory relief, seeking a judicial determination as to whether Eastern Michigan University is a public employer within the meaning of P.A.1947, No. 336, as amended by P.A.1965, No. 379, and is subject[384 Mich. 563] to the jurisdiction of the Labor Mediation Board. Section 15 of the act requires a public employer to bargain collectively with the representatives of its employees and authorizes a public employer to make and enter into collective bargaining agreements with such representatives. M.C.L.A. § 423.215; Stat.Ann. § 17.455(15). The Board had asserted jurisdiction in connection with a petition filed with it by Eastern Michigan University employees for certification of the American Federation of State, County and Municipal Employees (Council 7 and Local 1666) as the exclusive bargaining representative for non-teaching employees at the Physical Plant Department of Eastern Michigan University.

In denying declaratory relief, The Honorable William F. Ager, Jr., Circuit Judge, rendered an opinion in which he stated as follows:

'Article VIII. Sections 5 and 6, provide that the Regents and Central Michigan Board and Eastern Michigan Board 'shall have general supervision of its institution and the control and direction of all expenditures from the institution's funds. The Court is of the opinion that Eastern Michigan Board and Central Michigan Board have the some constitutional

Page 922

powers and rights under these provisions as the Regents so far as general supervision of the institutions is concerned and the expenditures from the Institution's funds.' Article IV, Section 48, provides that 'The legislature may enact laws providing for the resolution of disputes concerning public employees, except those in the state classified civil service.'

'The Court must determine whether these provisions conflict. The Court must harmonize different sections of the Constitution when possible, and when interpreting one section of the Constitution must assume that the framers of the Constitution when [384 Mich. 564] drafting that section had knowledge of the other provisions. In construing the Constitution, one part of the document is not to be allowed to defeat another, if by any reasonable construction the two can be reconciled.

'It is the Court's opinion that there is no reason that the two provisions of the Constitution cannot stand together. Article VIII, Sections 5 and 5, were not meant to exempt the Regents and Boards from all laws passed by the legislature. It is not an unlimited grant. For instance, it has never been claimed that they would be exempt from the criminal laws when exercising their supervisory powers over the institutions. As the Supreme Court has stated...

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15 practice notes
  • Federated Publications, Inc. v. Board of Trustees of Michigan State Univ., Docket No. 109663
    • United States
    • Supreme Court of Michigan
    • June 15, 1999
    ...has "jealously guarded" these powers from legislative interference. Bd. of Control of Eastern Michigan Univ. v. Labor Mediation Bd., 384 Mich. 561, 565, 184 N.W.2d 921 This Court has not, however, held that universities are exempt from all regulation. In Regents of the Univ. of Michigan v. ......
  • Uaw v. Green, Docket No. 314781.
    • United States
    • Court of Appeal of Michigan (US)
    • August 15, 2013
    ...for which is spelled out in detail in Article 11 of the Constitution of 1963.” Eastern Mich. Univ. Bd. of Control v. Labor Mediation Bd., 384 Mich. 561, 566, 184 N.W.2d 921 (1971). As explained in Dudkin and reemphasized here by amicus curiae CSC, efficient civil service operations justify ......
  • Booth Newspapers, Inc. v. University of Michigan Bd. of Regents, Docket Nos. 93246
    • United States
    • Supreme Court of Michigan
    • September 28, 1993
    ...but by this Court in a series of opinions running as far back as 1856." Eastern Michigan Univ. Bd. of Control v. Labor Mediation Bd., 384 Mich. 561, 565, 184 N.W.2d 921 (1971). [444 Mich. 259] Nevertheless, this Court has noted that its historically strong protection of regental autonomy is......
  • Dearborn Fire Fighters Union, Local No. 412, I.A.F.F. v. City of Dearborn, Nos. 3
    • United States
    • Supreme Court of Michigan
    • June 24, 1975
    ...Employees of America, 332 Mich. 237, 253, 51 N.W.2d 228 (1952); Board of Control of Eastern Michigan University v. Labor Mediation Board, 384 Mich. 561, 566, 184 N.W.2d 921 (1971); Grosse Pointe Park Fire Fighters Ass'n v. Grosse Pointe Park, 303 Mich. 405, 6 N.W.2d 725 9 See Detroit Police......
  • Request a trial to view additional results
15 cases
  • Federated Publications, Inc. v. Board of Trustees of Michigan State Univ., Docket No. 109663
    • United States
    • Supreme Court of Michigan
    • June 15, 1999
    ...has "jealously guarded" these powers from legislative interference. Bd. of Control of Eastern Michigan Univ. v. Labor Mediation Bd., 384 Mich. 561, 565, 184 N.W.2d 921 This Court has not, however, held that universities are exempt from all regulation. In Regents of the Univ. of Michigan v. ......
  • Uaw v. Green, Docket No. 314781.
    • United States
    • Court of Appeal of Michigan (US)
    • August 15, 2013
    ...for which is spelled out in detail in Article 11 of the Constitution of 1963.” Eastern Mich. Univ. Bd. of Control v. Labor Mediation Bd., 384 Mich. 561, 566, 184 N.W.2d 921 (1971). As explained in Dudkin and reemphasized here by amicus curiae CSC, efficient civil service operations justify ......
  • Booth Newspapers, Inc. v. University of Michigan Bd. of Regents, Docket Nos. 93246
    • United States
    • Supreme Court of Michigan
    • September 28, 1993
    ...but by this Court in a series of opinions running as far back as 1856." Eastern Michigan Univ. Bd. of Control v. Labor Mediation Bd., 384 Mich. 561, 565, 184 N.W.2d 921 (1971). [444 Mich. 259] Nevertheless, this Court has noted that its historically strong protection of regental autonomy is......
  • Dearborn Fire Fighters Union, Local No. 412, I.A.F.F. v. City of Dearborn, Nos. 3
    • United States
    • Supreme Court of Michigan
    • June 24, 1975
    ...Employees of America, 332 Mich. 237, 253, 51 N.W.2d 228 (1952); Board of Control of Eastern Michigan University v. Labor Mediation Board, 384 Mich. 561, 566, 184 N.W.2d 921 (1971); Grosse Pointe Park Fire Fighters Ass'n v. Grosse Pointe Park, 303 Mich. 405, 6 N.W.2d 725 9 See Detroit Police......
  • Request a trial to view additional results

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