[Download] "Robert H. Cleland and St. Clair County a" by Supreme Court of Michigan ~ eBook PDF Kindle ePub Free
eBook details
- Title: Robert H. Cleland and St. Clair County a
- Author : Supreme Court of Michigan
- Release Date : January 03, 1986
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 84 KB
Description
This matter poses the following questions: whether the circuit court had jurisdiction to decide the arbitrability of an assistant prosecuting attorney's (APA) removal from office under a collective bargaining agreement entered into by the county and the union without the participation of the prosecuting attorney; whether the prosecutor is a coemployer with the county; whether the public employment relations act affects the power of the prosecutor under MCL 49.41-49.43; MSA 5.801-5.803, the statute which provides that an APA shall hold office ""during the pleasure of the prosecuting attorney appointing him""; and, assuming the prosecutor was a coemployer, whether that status was waived. We hold there was jurisdiction in the circuit court to determine the threshold question -- whether the prosecutor was a party to the arbitration clause of the contract. We further find that the prosecutor was a coemployer, that the Court of Appeals properly found no conflict between the PERA and the prosecutors' appointment/tenure statute, that the prosecutor did not waive his authority to bargain on the tenure of his appointees, and that, accordingly, the prosecutor was not required to arbitrate his removal of an APA under the collective bargaining agreement between the county and the union. Except as to the finding that the public employer did not commit an unfair labor practice, we reverse the judgments of the Court of Appeals.