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 |
OPINION TEXT STARTS HERE
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.
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:
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,...
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