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May 2016

May 2016
31
May 31, 2016

COA holds that Michigan Employment Relations Commission has exclusive jurisdiction over claims brought against union

In Susan R. Bank v. Michigan Education Association, No. 326668, the Court of Appeals held that because the Public Employee Relations Act (“PERA”), as amended in 2012, governs the imposition of contractual union obligations including dues,  a complaint regarding those obligations amounts to a complaint of an unfair labor practice under PERA.  Accordingly, such a claim falls within the exclusive jurisdiction of the Michigan Employment Relations Commission (“MERC”). Furthermore, the Court of Appeals held that claims related to breach of duty of fair representation resulting from a union failing to inform its members of the effects of changes in the law should also be heard by MERC under the doctrine of primary jurisdiction. 

May 2016
31
May 31, 2016

COA holds that trial courts must adhere to court rules when deciding a plaintiff’s request for a receiver

Courts must adhere to Michigan court rules in accepting or rejecting a plaintiff’s requested receiver, held the Michigan Court of Appeals in Casa Bella Landscaping LLC v. Javier E. Lee, No. 326237.  Thus, the Court of Appeals held that the trial court violated court rules by simply stating it did not want to use the nominated receiver when it did not make any specific findings that a different receiver ought to be appointed.  

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