Pontiac Police Officers Ass'n v. City of Pontiac, No. 7

CourtSupreme Court of Michigan
Writing for the CourtLEVIN; T. G. KAVANAGH; RYAN; WILLIAMS; COLEMAN
Citation397 Mich. 674,246 N.W.2d 831
Docket NumberNo. 7
Decision Date01 June 1975
Parties, 94 L.R.R.M. (BNA) 2175, 81 Lab.Cas. P 55,000 PONTIAC POLICE OFFICERS ASSOCIATION, Plaintiff-Appellant, v. CITY OF PONTIAC, Defendant-Appellee, and Michigan Employment Relations Commission, Defendant Cross-Appellant. ,

Page 831

246 N.W.2d 831
397 Mich. 674, 94 L.R.R.M. (BNA) 2175,
81 Lab.Cas. P 55,000
PONTIAC POLICE OFFICERS ASSOCIATION, Plaintiff-Appellant,
v.
CITY OF PONTIAC, Defendant-Appellee,
and
Michigan Employment Relations Commission, Defendant Cross-Appellant.
No. 7, June Term, 1975.
Supreme Court of Michigan.
Nov. 23, 1976.

Page 832

[397 Mich. 676] J. Douglas Korney, Gregory, Van Lopik & Higle, Detroit, for Pontiac Police Officers Association.

Douglas C. Dahn, Tolleson, Burgess & Mead, Detroit, for City of Pontiac.

Frank J. Kelley, Atty. Gen., Robert A. Derengoski, Sol. Gen., Francis W. Edwards, Asst. Atty. Gen., Detroit, for defendant cross-appellant.

LEVIN, Justice.

The issue on this appeal is whether [397 Mich. 677] grievance and disciplinary procedures are 'other terms and conditions of employment' within the meaning of the public employment relations act (PERA) 1 and, if so whether the provisions of the PERA concerning the duty to bargain collectively prevail over the provisions of the charter of a home-rule city providing for a civilian trial board to review charges of police misconduct.

We hold that grievance and other disciplinary procedures are 'other terms and conditions of employment' within the meaning of the PERA and that the duty to bargain collectively on such issues and to perform in accordance with the terms of a collective bargaining agreement prevails over conflicting provisions of the charter of a home-rule city.

I

The Pontiac City Charter provides for a civilian trial board to review charges of police misconduct and, where necessary, impose discipline, including discharge.

The city, invoking the charter provision, refused to bargain with the Pontiac Police Officers Association (the union), the representative of the policemen, regarding grievance procedures for disciplined policemen. Similarly, because the city charter contains a requirement that policemen live within or near the city, the city refused to bargain regarding residency.

The union filed an unfair labor practice charge with the Michigan Employment Relations Commission (MERC). The MERC concluded that both employee discipline and residency were mandatory [397 Mich. 678] subjects of collective

Page 833

bargaining and that the city's refusal to bargain was an unfair labor practice.

The Court of Appeals 2 concluded that 'the management, operation and control of (a) police department' is 'a municipal concern', 3 'a matter of local concern to be resolved locally', 4 ahd held that where a city charter provides for residency and a civilian trial board, those issues are not mandatory subjects of collective bargaining.

This Court Sua sponte vacated the decision of the Court of Appeals and, on the authority of Detroit Police Officers Association v. Detroit, 391 Mich. 44, 214 N.W.2d 803 (1974), held that residency was a mandatory subject of collective bargaining and remanded for reconsideration of the civilian trial board question in light of DPOA v. Detroit, supra. Pontiac Police Officers Association v. Pontiac, 391 Mich. 814, 216 N.W.2d 759 (1974).

On remand, the Court of Appeals, 'for the reasons expressed in our prior opinion', concluded that the question of a civilian trial board is a permissive, not mandatory, subject of collective bargaining. 5

[397 Mich. 679] II

In DPOA v. Detroit, supra, this Court declared that under the PERA, as under the National Labor Relations Act (NLRA), 6 there are three categories or subjects of collective bargaining: mandatory, permissive, and illegal. 7

Mandatory subjects of collective bargaining are those within the scope of 'wages, hours, and other terms and conditions of employment'. 8 If either party proposes a mandatory subject, both parties are obligated to bargain about it in good faith. 9

Permissive subjects of collective bargaining are those which fall outside the scope of 'wages, hours, and other terms and conditions of employment', and may be negotiated only if both parties agree. 10

Illegal subjects are those which even if negotiated will not be enforced because adoption would be violative of the law or of the policy of the NLRA. 11

The union contends that a civilian trial board which has exclusive jurisdiction over discipline of policemen, including discharge, demotion, or temporary suspension, directly affects the 'wages, hours, and other terms and conditions of employment' of police officers and is a mandatory subject of collective bargaining.

[397 Mich. 680] The city contends 12 that where the electors of a home rule city have enacted a city charter providing for a civilian trial

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board, a 'decision to require mandatory bargaining over such subject would * * * abridge the power and authority of the electors' to frame, adopt and amend their charter and would therefore 'be in violation of the State Constitution, specifically Article 1, Section 1, and Art. 7, Section 22'. 13
III

Police officers are public employees.

The courts of this state have been guided by Federal precedent when construing the provisions of the PERA. 14

Michigan, like the Federal courts, has adopted a broad view of 'other terms and conditions of employment'. 15 The Federal cases have uniformly held that 'grievance procedure and arbitration, layoffs, discharge, workloads, vacations, holidays, [397 Mich. 681] sickleave, work rules, use of bulletin boards by unions, change of payment from a salary base to an hourly base, definition of bargaining unit work, and performance of bargaining unit work by supervisors' (emphasis supplied) 16 fall within 'other terms and conditions of employment' and are mandatory subjects of collective bargaining.

In the private employment sector, arbitration as the final step of a grievance procedure has been held to be a mandatory subject for collective bargaining. 17 It has been estimated that 95% Of all union contracts negotiated in private industry contain provisions for arbitration of either grievances or of questions concerning interpretation or application of the contract. 18

Courts in other jurisdictions have held that a provision in a collective bargaining agreement requiring a public employer to submit disputes arising under the contract to final and binding grievance arbitration is enforceable. See Board of Education v. Associated Teachers of Huntington, 30 N.Y.2d 122, 331 N.Y.S.2d 17, 282 N.E.2d 109 (1972). 19

We conclude that disciplinary procedures and a proposal for final and binding grievance arbitration concern 'other terms and conditions of employment' and are a mandatory subject of collective bargaining.

[397 Mich. 682] IV

In Rockwell v. Crestwood School District Board of Education, 393 Mich. 616, 629, 630, 227 N.W.2d 736, 741 (1975), we said that this Court had...

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36 practice notes
  • City of Grand Rapids v. Grand Rapids Lodge No. 97 Fraternal Order of Police, Docket No. 65303
    • United States
    • Supreme Court of Michigan
    • 23 Diciembre 1982
    ...N.W.2d 803 (1974). This Court has construed this mandate to include grievance procedures. See Pontiac Police Officers Ass'n v. Pontiac, 397 Mich. 674, 680-681, 685, 246 N.W.2d 831 2 See the Steelworkers Trilogy, United Steelworkers of America v. Warrior & Gulf Navigation Co., 363 U.S. 574, ......
  • Southfield Police Officers Ass'n v. City of Southfield, Docket No. 81974
    • United States
    • Supreme Court of Michigan
    • 22 Agosto 1989
    ...the legislative intent underlying Sec. 15 of the PERA in a number of previous decisions. In Pontiac Police Officers Ass'n v. Pontiac, 397 Mich. 674, 246 N.W.2d 831 (1976), we held that the use of a civilian trial board in disciplinary proceedings was a mandatory subject of bargaining. In th......
  • Kalamazoo City Ed. Ass'n v. Kalamazoo Public Schools, AFL-CI
    • United States
    • Supreme Court of Michigan
    • 24 Julio 1979
    ...Schools v. Lamphere Federation of Teachers, 400 Mich. 104, 120, 252 N.W.2d 818 (1977); Pontiac Police Officers Ass'n v. City of Pontiac, 397 Mich. 674, 680 and fn 14, 246 N.W.2d 831 (1976); Rockwell v. Crestwood School Dist. Board of Education, 393 Mich. 616, 635-636, 227 N.W.2d 736 (1975);......
  • St. Clair Intermediate School Dist.t v. Intermediate Educ. Association/Michigan Educ. Ass'n, Docket Nos. 107479
    • United States
    • Supreme Court of Michigan
    • 31 Julio 1998
    ...which constitute mandatory subjects of collective bargaining. Pontiac Police [458 Mich. 551] Officers Ass'n v. Pontiac (After Remand ), 397 Mich. 674, 679, 246 N.W.2d 831 Mandatory subjects of collective bargaining are comprised of issues that "settle an aspect of the relationship between t......
  • Request a trial to view additional results
35 cases
  • City of Grand Rapids v. Grand Rapids Lodge No. 97 Fraternal Order of Police, Docket No. 65303
    • United States
    • Supreme Court of Michigan
    • 23 Diciembre 1982
    ...N.W.2d 803 (1974). This Court has construed this mandate to include grievance procedures. See Pontiac Police Officers Ass'n v. Pontiac, 397 Mich. 674, 680-681, 685, 246 N.W.2d 831 2 See the Steelworkers Trilogy, United Steelworkers of America v. Warrior & Gulf Navigation Co., 363 U.S. 574, ......
  • Southfield Police Officers Ass'n v. City of Southfield, Docket No. 81974
    • United States
    • Supreme Court of Michigan
    • 22 Agosto 1989
    ...the legislative intent underlying Sec. 15 of the PERA in a number of previous decisions. In Pontiac Police Officers Ass'n v. Pontiac, 397 Mich. 674, 246 N.W.2d 831 (1976), we held that the use of a civilian trial board in disciplinary proceedings was a mandatory subject of bargaining. In th......
  • Kalamazoo City Ed. Ass'n v. Kalamazoo Public Schools, AFL-CI
    • United States
    • Supreme Court of Michigan
    • 24 Julio 1979
    ...Schools v. Lamphere Federation of Teachers, 400 Mich. 104, 120, 252 N.W.2d 818 (1977); Pontiac Police Officers Ass'n v. City of Pontiac, 397 Mich. 674, 680 and fn 14, 246 N.W.2d 831 (1976); Rockwell v. Crestwood School Dist. Board of Education, 393 Mich. 616, 635-636, 227 N.W.2d 736 (1975);......
  • St. Clair Intermediate School Dist.t v. Intermediate Educ. Association/Michigan Educ. Ass'n, Docket Nos. 107479
    • United States
    • Supreme Court of Michigan
    • 31 Julio 1998
    ...which constitute mandatory subjects of collective bargaining. Pontiac Police [458 Mich. 551] Officers Ass'n v. Pontiac (After Remand ), 397 Mich. 674, 679, 246 N.W.2d 831 Mandatory subjects of collective bargaining are comprised of issues that "settle an aspect of the relationship between t......
  • Request a trial to view additional results

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