Judges of 74th Judicial Dist. v. Bay County

• Decision Date: 30 September 1971
• Docket Number: No. 15,15
• Parties: , 78 L.R.R.M. (BNA) 2503, 66 Lab.Cas. P 52,664 The JUDGES OF the 74TH JUDICIAL DISTRICT of the State of Michigan, Plaintiffs-Appellees, and Cross-Appellants, v. COUNTY OF BAY, Board of Commissioners of the County of Bay and Clerk of Bay County, Defendants-Appellants, Michigan Employment Relations Commission, Defendant-Cross-Appellant, International Union of Allied and Technical Workers of the United States and Canada, et al., Defendants-Appellants.
• Court: Michigan Supreme Court

Page 219

190 N.W.2d 219

385 Mich. 710, 78 L.R.R.M. (BNA) 2503,

66 Lab.Cas. P 52,664

The JUDGES OF the 74TH JUDICIAL DISTRICT of the State of Michigan, Plaintiffs-Appellees, and Cross-Appellants, v. COUNTY OF BAY, Board of Commissioners of the County of Bay and Clerk of Bay County, Defendants-Appellants Michigan Employment Relations Commission, Defendant-Cross-Appellant International Union of Allied and Technical Workers of the United States and Canada, et al., Defendants-Appellants.

No. 15.

Supreme Court of Michigan.

Sept. 30, 1971.

William R. Lesser, Bay City, for plaintiffs-appellees.

Eugene C. Penzien, Bay City, for defendants-appellees.

Thomas D. Stone, Midland, Francis Edwards, Asst. Atty. Gen., for defendant-cross-appellant.

Before the Entire Bench.

BRENNAN, Justice.

This action was commenced in the circuit court in Bay County by the filing on June 29, 1970, of a complaint seeking declaratory and injunctive relief.

The circuit court rendered its judgment on January 13, 1971, granting certain relief as prayed for by plaintiffs. The defendant union, and the defendant county filed separate claims of appeal in the Court of Appeals. Plaintiffs and defendant Michigan Employment Relations Commission filed claims of cross-appeal.

On February 23, 1971, we granted Sua sponte an order of by-pass, bringing the matter here for immediate disposition.

THE FACTS

The plaintiffs are duly elected and qualified judges for the 74th Judicial District of the State of Michigan, a first class district, consisting of Bay County, and created under the provisions of M.C.L.A. § 600.8139. The 74th Judicial District was established pursuant to the 1963 Constitution of the State of Michigan, article 6, § 26, as implemented by M.C.L.A. § 600.8101.

The defendant Bay County is an organized county of the State of Michigan and under the law constitutes a body politic and corporate for the purpose, Inter alia, of suing and being sued and doing all necessary acts relative to the concerns of the County of Bay. Defendant Board of Commissioners is the governing legislative body of Bay County and as such is the District Control Unit of the 74th Judicial District Court, referred to in M.C.L.A. § 600.8104. Defendant Clerk is charged with the duty of implementing and administering directives of the Bay County Board of Commissioners.

The defendants, International Union of Allied and Technical Workers of the United States and Canada, and Local Union No. 15157, District 50, hereinafter referred to as the Union, is the duly authorized bargaining representative of certain employees of Bay County, while the remaining named individual defendants are officers, members, and agents of the Union.

The defendant Michigan Employment Relations Commission (formerly known as the Michigan Labor Mediation Board) is an administrative agency of the State of Michigan created pursuant to M.C.L.A. § 423.1 et seq. for the purpose of mediating labor disputes.

On or about the 18th day of December, 1968, defendant County by and through its then chairman of the Board of Commissioners (formerly known as the Board of Supervisors) and the defendant Union, entered into a collective bargaining agreement, at which time the Union was recognized as exclusive bargaining agent of certain enumerated county employees, and including 'all employees, except department heads and their deputies, and all departments to come under county jurisdiction.' The collective bargaining agreement required all included employees to join the Union.

Beginning in 1969, the judges of the 74th Judicial District took office after having been elected in accord with the provisions of M.C.L.A. § 600.8101 et seq.

In the early months of 1970, the Union sought to have itself recognized as the sole bargaining agent of employees working in the 74th Judicial District Court, and further attempted to require such employees to join the Union as required by its collective bargaining agreement with the County. On or about the 11th day of May, 1970, the Union presented plaintiffs with a grievance report alleging that the then presiding judge of the 74th Judicial District Court had violated the collective bargaining agreement by instructing his secretary not to join the Union.

On the 28th day of May, 1970, the Union filed a charge with the Michigan Employment Relations Commission claiming that the Judges and the County were guilty of unfair labor practices, specifying a refusal to bargain on the issue of recognition of the Union as the exclusive bargaining representative of court employees.

On June 10, 1969, the Board of Commissioners adopted a resolution purporting to fix the compensation of District Court employees. On June 24, 1970, the Board of Commissioners adopted a further resolution, purporting to require the court employees to join the Union, purporting to re-employ a discharged court employee, and further resolving:

'that any action taken by the District judges on these matters beyond this date will be considered Unilateral Action on the part of the District Judges, who are in fact the burden and responsibility of the State of Michigan, and any penalties, either monetary or other, incurred as a result of their unilateral action shall be their personal responsibility and should not be satisfied through the use of County Funds.'

On June 29, 1970, the District Judges commenced this action, seeking a declaratory judgment holding that the Court's employees were not county employees, and were not covered by the collective bargaining agreement; and further seeking injunctive relief to prevent the Michigan Employment Relations Commission from proceeding with contemplated hearings on the unfair labor practice charges.

The Honorable Albert Engel, then Muskegon County Circuit Judge, was assigned the hear the matter. After full hearings, he entered the following judgment:

'JUDGMENT

'At a session of said Court held in the City of Bay City, Bay County, Michigan on January 13, 1971.

'PRESENT: HONORABLE ALBERT J. ENGEL, Circuit Judge

'This cause having come on for trial on January 12, 1971 and trial having been held in open court on that date, and proofs having been presented, arguments of counsel having been considered, the Court having reviewed the various briefs submitted by the parties, and the Court being fully advised in the premises,

'IT IS HEREBY ORDERED AND ADJUDGED, that the 74th Judicial District Court is a juristic entity, an integral part of the Judicial Branch of Government of the State of Michigan, separate and apart from either the executive or legislative branch of government, and as such is a political subdivision of the State of Michigan.

'IT IS FURTHER ADJUDGED, that the 74th Judicial District Court, acting by and through its duly elected judges, has both the inherent and statutory right, in order to carry out the duties of the Court in the administration of justice, to hire, fire and direct and control its personnel, as described in plaintiffs' exhibit E of the District Court and in further conjunction therewith, to establish classifications for its personnel and relative wages therefor within the appropriation of its district control unit and as may be fixed by statute.

'IT IS FURTHER ORDERED AND ADJUDGED that all personnel of the 74th Judicial District Court including but not limited to magistrates, court recorders, court administrator, clerks of all nature, receptionists, typists as well as any and all other personnel who may be hired by the Court are employees of said 74th Judicial District Court and not employees of the defendant County.

'IT IS FURTHER ORDERED AND ADJUDGED, that the collective bargaining agreement dated December 18, 1968, has no binding or legal effect on plaintiffs and their employees as above described.

'THEREFORE, IT IS FURTHER ORDERED AND ADJUDGED, that both the defendant Union and the defendant County and its Board of Commissioners be and the same are hereby permanently enjoined from attempting to force plaintiffs and the employees of the 74th Judicial District Court to recognize the bargaining agreement dated December 18, 1968, between the defendant County and the defendant Union.

'IT IS FURTHER ORDERED AND ADJUDGED, that the defendant County and its Board of Commissioners be and the same are hereby permanently enjoined from in any manner attempting to unilaterally establish classifications or wage structures for any classifications established by the 74th Judicial District Court and said defendants are further ordered to comply with M.C.L.A. § 600.8271 in that all appropriations for the wages and salaries of the District Court employees as above described shall be done as a unit of government and not on an individual line budget basis, except as may be otherwise specifically directed by statute or except as otherwise agreed to by plaintiff judges of the 74th Judicial District Court.

'IT IS FURTHER ORDERED that defendant, Michigan Employment Relations Commission be and is hereby permanently enjoined from Conducting any other or further proceedings in case No. C--70E--38 and case No. C--70E--76 originally filed by defendant Union naming Bay County, Michigan and plaintiffs herein, as respondents.

'IT IS FURTHER ORDERED that defendant International Union of Allied and Technical Workers of the United States and Canada; Local No. 15157 District 50, defendant Dan L. Wurzburg and the officers and other members of said Local 15157 be and are hereby permanently enjoined from initiating further proceedings against plaintiffs herein before defendant Michigan Employment Relations Commission, relying upon rights emanating from the said Collective Bargaining Agreement dated December 18, 1968.

'IT IS FURTHER ORDERED that the defendants, County of Bay, the Board of Commissioners of County of Bay, be and are hereby permanently restrained from any implementation of paragraph 1 of the resolution adopted June 24, 1970 set forth in Exhibit 'D' attached to plaintiffs'...