Pontiac Police Officers Ass'n v. City of Pontiac, Docket No. 14843
| Court | Court of Appeal of Michigan (US) |
| Writing for the Court | Before LESINSKI; QUINN |
| Citation | 213 N.W.2d 217,50 Mich.App. 382 |
| Decision Date | 01 November 1973 |
| Docket Number | No. 1,Docket No. 14843 |
| Parties | , 86 L.R.R.M. (BNA) 2475, 73 Lab.Cas. P 53,225 PONTIAC POLICE OFFICERS ASSOCIATION, Plaintiff-Appellee, v. CITY OF PONTIAC, Defendant-Appellant, and Michigan Employment Relations Commission, Defendant-Appellee |
Page 217
73 Lab.Cas. P 53,225
v.
CITY OF PONTIAC, Defendant-Appellant,
and
Michigan Employment Relations Commission, Defendant-Appellee.
Rehearing Denied Dec. 10, 1973.
Released for Publication Dec. 28, 1973.
[50 Mich.App. 383]
Page 218
Douglas C. Dahn, Tolleson, Burgess & Mead, Detroit, for defendant-appellant.J. Douglas Korney, Detroit, for Pontiac Police Officers Ass'n.
Frank J. Kelley, Atty. Gen., Robert A. Derengoski, Sol. Gen., Francis W. Edwards and Hyman Parker, Asst. Attys. Gen., for MERC.
Before LESINSKI, C.J., and R. B. BURNS and QUINN, JJ.
QUINN, Judge.
This appeal on leave granted from a decision and order of MERC involves two questions:
1. Is the charter residency requirement for policemen of defendant city a mandatory subject for collective bargaining?
2. Is the question of a civilian trial board for policemen a mandatory subject for collective bargaining when the city charter provides for a police trial board? MERC answered both questions in the affirmative and ordered collective bargaining on these issues. We answer both questions in the negative and reverse.
Although we are satisfied that D.P.O.A. v. City of Detroit, 385 Mich. 519, 190 N.W.2d 97 (1971) and Police Officers Association v. Detroit, 41 Mich.App. 723, 728, 200 N.W.2d 722, 725 (1972) disposed of the first question contrary to the decision of MERC in the present case, we believe the analysis which follows strengthens those holdings.
M.C.L.A. § 117.36; M.S.A. § 5.2116 provides:
[50 Mich.App. 384] 'No provision of any city charter shall conflict with or contravene the provisions of any general law of the state.'
M.C.L.A. § 423.215; M.S.A. § 17.455(15) requires public employers to bargain collectively with representatives of its employees with respect to wages, hours and other terms and conditions of employment. This is a general law of the state and would appear to prevail over defendant city's charter provisions on residency for policemen and police trial boards.
However, Pontiac is a home rule city. Const.1963, art. 7, § 22, provides:
'Under general laws the electors of each city and village shall have the power and authority to frame, adopt and amend its charter, and to amend an existing charter of the city or village heretofore granted or enacted by the...
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Pontiac Police Officers Ass'n v. City of Pontiac, No. 7
...concur. --------------- 1 M.C.L.A. § 423.201, Et seq.; M.S.A. § 17.455(1), Et seq. 2 Pontiac Police Officers Association v. Pontiac, 50 Mich.App. 382, 384--385, 213 N.W.2d 217, 218 3 Const.1963, art. 7, § 22 provides: 'Under general laws the electors of each city and village shall have the ......
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...a trial board was valid and not a mandatory subject of [411 MICH 661] bargaining under PERA. Pontiac Police Officers Ass'n. v. Pontiac, 50 Mich.App. 382, 213 N.W.2d 217 (1973), lv. gtd. and vacated, 391 Mich. 814, 216 N.W.2d 759 (1974), (Supplemental Opinion), 54 Mich.App. 282, 220 N.W.2d 7......
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Pontiac Police Officers Ass'n v. City of Pontiac, Docket No. 14843
...and designated CR 12--98, provides: 'We grant leave to appeal and Sua sponte vacate the decision of the Court of Appeals reported at 50 Mich.App. 382, 213 N.W.2d 217 'On the authority of Detroit Police Officers Association v. City of Detroit, 391 Mich. 44, 214 N.W.2d 803 (1974), we hold tha......
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Pontiac Police Officers Ass'n v. City of Pontiac, No. 55481
...Bench. Page 760 ORDER [391 MICH 814] We grant leave to appeal and Sua sponte vacate the decision of the Court of , appeals reported at 50 Mich.App. 382, 213 N.W.2d 217 On the authority of Detroit Police Officers Association v. City of Detroit, 391 Mich. 44, 214 N.W.2d 803 (1974), we hold th......
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Pontiac Police Officers Ass'n v. City of Pontiac, No. 7
...concur. --------------- 1 M.C.L.A. § 423.201, Et seq.; M.S.A. § 17.455(1), Et seq. 2 Pontiac Police Officers Association v. Pontiac, 50 Mich.App. 382, 384--385, 213 N.W.2d 217, 218 3 Const.1963, art. 7, § 22 provides: 'Under general laws the electors of each city and village shall have the ......
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Local 1383 of Intern. Ass'n of Fire Fighters v. City of Warren, AFL-CI
...a trial board was valid and not a mandatory subject of [411 MICH 661] bargaining under PERA. Pontiac Police Officers Ass'n. v. Pontiac, 50 Mich.App. 382, 213 N.W.2d 217 (1973), lv. gtd. and vacated, 391 Mich. 814, 216 N.W.2d 759 (1974), (Supplemental Opinion), 54 Mich.App. 282, 220 N.W.2d 7......
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Pontiac Police Officers Ass'n v. City of Pontiac, Docket No. 14843
...and designated CR 12--98, provides: 'We grant leave to appeal and Sua sponte vacate the decision of the Court of Appeals reported at 50 Mich.App. 382, 213 N.W.2d 217 'On the authority of Detroit Police Officers Association v. City of Detroit, 391 Mich. 44, 214 N.W.2d 803 (1974), we hold tha......
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Pontiac Police Officers Ass'n v. City of Pontiac, No. 55481
...Bench. Page 760 ORDER [391 MICH 814] We grant leave to appeal and Sua sponte vacate the decision of the Court of , appeals reported at 50 Mich.App. 382, 213 N.W.2d 217 On the authority of Detroit Police Officers Association v. City of Detroit, 391 Mich. 44, 214 N.W.2d 803 (1974), we hold th......