Local 170, Transport Worders Union of Am. v. Dadola

• Decision Date: 04 October 1948
• Citation: 34 N.W.2d 71,322 Mich. 332
• Parties: LOCAL 170, TRANSPORT WORKERS UNION OF AMERICA, C.I.O., et al. v. DADOLA, Circuit Judge, et al.
• Court: Michigan Supreme Court

322 Mich. 332

34 N.W.2d 71

LOCAL 170, TRANSPORT WORKERS UNION OF AMERICA, C.I.O., et al.

v.DADOLA, Circuit Judge, et al.

Supreme Court of Michigan.

Motion 82, April Term, 1948.

Sept. 8, 1948.

Rehearing Denied Oct. 4, 1948.

Petition for a writ of prohibition by Local 170, Transport Workers Union of America, affiliated with the Congress of Industrial Organizations, a voluntary labor association, and others, against Paul V. Gadola, Circuit Judge for the County of Genesee, and others.

Writ issued.

Before the Entire Bench.

Maurice Sugar and Ernest Goodman, both of Detroit (Michael W. Evanoff, of Flint, of counsel), for plaintiffs.

Edmund E. Shepherd, Sol. Gen., of Lansing, and Danied, J. O'Hara, Asst. Atty. Gen., for defendants.

Leon A. Counsens, Gen. Counsel, of Detroit, for Michigan Division 43 and 44, Communications Workers of America, amicus curiae.

BUSHNELL, Chief Justice.

This petition for a writ of prohibition raises questions concerning the constitutionality of recent amendments to the Michigan Labor Mediation Act, Act No. 176, Pub. Acts 1939, Comp.Laws Supp.1940, §§ 8628-1 to 8628-21, Stat.Ann.1946 Cum.Supp. §§ 17.454(1) to 17.454(22), known as the Bonine-Tripp Act, act No. 318, §§ 13, 13a, 22, Pub.Acts 1947, Stat.Ann.1947 Cum.Supp. §§ 17.454(14), 17.454(14.1), 17.454(23), so far as it provides for compulsory arbitration in the event of a labor-management dispute arising in ‘any public utility, any municipally owned utility, or any hospital’ by a board of which ‘a circuit judge designated by the presiding circuit judge of the state, shall be chairman.’

The portions of the act in controversy are §§ 13, 13a and 22, which read as follows:

‘Sec. 13. In the event of a dispute arising in any public utility, any municipally owned utility, or any hospital, the board shall not call an election as provided in section 9a of this act, but shall instead certify to the governor the existence of such dispute and the failure to settle the same by mediation. A copy of such certification shall be immediately transmitted to the representative of the employees, to the employer or his agent and to the presiding circuit judge of this state. Whereupon the parties to the dispute, or their representatives, may within 10 days voluntarily agree to submit the issues of the dispute to an arbitration board of their own choosing, in which event both parties to the dispute shall notify the board that they have so agreed. If they fail to do so, an arbitration board shall then be established of which a circuit judge designated by the presiding circuit judge of the state, shall be chairman. The employees or their representative and the employer or his agent shall each appoint 1 member of such arbitration board, which appointment shall be made within 5 days from the date of service of a copy of such certification and notice of such appointment shall be forthwith given to the labor mediation board, the governor and such circuit judge or presiding circuit judge. In the event of the failure to make any such appointment within the time herein limited, the governor shall make such appointment in writing, file a copy thereof with the board, such circuit judge or presiding judge and furnish copy thereof to each of the interested parties.

‘It shall be the duty of such arbitration board to hold public or private hearings at any place in the state for the purpose of making a determination of the issues involved in such dispute. Such arbitration board shall have the authority to subpoena witnesses, to compel their attendance, administer oath, take testimony and receive evidence. Such arbitration board shall, as soon as practicable, but within 30 days from the date the issues have been submitted, make a determination of the issues involved in said dispute, file a written copy thereof with the labor mediation board and cause a copy to be delivered by registered mail or otherwise to the employees or their representative and the employer or his agent. A determination by any 2 members of the arbitration board shall be deemed to be the determination of such board. A copy thereof shall also be filed in the office of the county clerk of the county in which is located such principal place of employment. The terms and conditions of employment of such employees shall be modified in accordance with such determination from the date specified therein and shall be binding on the employer and his agent and the employees and their representative. Whenever any act is required to be performed accordingto the provisions hereof within a given time limitation, except serving of notices of the existence of disputes, the period so limited may be extended by agreement in writing by all parties concerned.

‘Each member of the arbitration board, except such circuit judge, shall be entitled to receive compensation of $25.00 per day during the period of the actual performance of his duties under this act. Each member shall receive his actual travel and other necessary expenses incurred during said period which shall be paid out of the general fund.

‘Sec. 13a. In case of the disobedience of a subpoena, the board may invoke the aid of any circuit court of the state of Michigan in requiring the attendance and testimony of witnesses pertaining to the issues involved. Any circuit court of this state within the jurisdiction of which such hearings are being held, may in the case of contumacy or refusal to obey a subpoena issue an order requiring such person to appear before said board and give evidence pertaining to the matter in question and any failure to obey such order of the court may be punished by such court as contempt thereof. Any failure to obey a subpoena issued by an arbitration board or contumacy before such board, may be punished by any circuit court of this state within the jurisdiction of which such hearings are being held, as contempt of such court.

‘Nothing in this act shall be construed to require an employee to continue rendering labor or service without his consent or to make illegal the quitting of his employment. No court shall have power to issue any process to compel any such employee to continue to render such labor or remain at his place of employment without his consent.

‘If after the determination is filed as above provided there is an actual or threatened cessation of employment which causes or may reasonably be expected to result in injury to the public welfare, peace, health or safety the circuit court in chancery of the county in which said determination is filed shall have jurisdiction to issue such injunction as the court may deem proper and adequate to protect the public welfare and preserve public peace, health and safety, subject however to the limitations hereinabove inabove set forth: Provided, That no circuit judge shall issue an injunction or preside in any case involving a dispute in which a determination has been made by a board of which he was chairman. In the event that he is the only circuit judge in such circuit, then the judge of any adjoining circuit or other judge designated by the state presiding judge shall have jurisdiction to issue a temporary injunction or order to show cause, including a restraining order in such matter, and the same shall be brought on to be heard before a judge designated by the presiding circuit judge of the state.’

‘Sec. 22. Any person who either individually or as one of a group of persons instigates a strike, or who shall call or cause a strike to be placed in effect, or who shall cause or call a lockout, without first having served notice as required in section 9 of this act, or while mediation is pending as provided in section 9a of this act, or while an election is pending under said section 9, or while arbitration proceedings are pending under sections 9d and 13 of this act, or any person who shall engage in unauthorized picketing as prohibited by this act, or who shall knowingly and wilfully violate any of the rules or regulations promulgated under section 9a and section 9c, or any of the provisions of section 9f, shall upon conviction thereof be punished by a fine of not more than $1,000.00 or by imprisonment in the county jail for not more than 6 months, or by both such fine and imprisonment.’

The essential facts are these:

Flint Trolley Coach, Inc. (not represented here), operates a public coach transportation system in Flint, Michigan, under a franchise granted by that municipality. Plaintiff Local 170, chartered by the Transport Workers Union of America, a Congress of Industrial Organizations (CIO), affiliate, having some 222 members, represents all the non-supervisory operating and shop employees of the company, under a contract dated February 24, 1947, in which it is designated as the exclusive bargaining representative of these employees.

Prior to October 1, 1947, the union submitted proposals to the company regarding those changes in wages, hours and working conditions which it desired in a new contract. When these proposals were rejected by the company, the union, pursuant to the requirements of § 9 of the act, notified the Michigan labor mediation board of the existence of a labor dispute, which ‘may lead to a strike.’ Subsequent negotiations and attempts at mediation were unsuccessful and on December 17, 1947, under the provisions of § 13 of the act, the board certified the facts to the governor and sent copies thereof to the parties and to the Honorable Joseph A. Moynihan, the presiding circuit judge of the State. On December 22, 1947, Judge Moynihan designated defendant Paul V. Gadola, Judge of the 7th judicial circuit, as chairman of an arbitration board. The company thereafter appointed as its member defendant G. Franklin Killeen. The union, although requested so to do, refused to appoint its member, and the governor then appointed defendant George D. Stevens.

Claiming the board as thus constituted was without jurisdiction and legal authority to act in the premises,...