Afscme Council 25 Local 3317 v. Charter County of Wayne, 334638

Union (AFSCME Local 3317) and Wayne County entered a memorandum of agreement (MOA) under which the Union would dismiss and later could refile a petition for Act 312 arbitration; the MOA was amended to extend the refiling date.
After the Union refiled, a local financial emergency triggered Act 436 powers; the Wayne County Executive declined to participate in Act 312 arbitration.
MERC dismissed the Act 312 proceedings; the Union filed, then voluntarily withdrew, an appeal to the Court of Appeals challenging MERC’s dismissal.
The Union sued in circuit court for breach of contract (alleging the MOA required the County to participate in Act 312 arbitration); the court granted summary disposition for defendants based on res judicata.
On appeal, the Court of Appeals held the appeal moot because MERC’s dismissal and the Union’s withdrawal of its MERC appeal made it impossible to grant the requested relief (participation in Act 312 proceedings).

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the court can enforce an alleged contract requiring County to participate in Act 312 arbitration	MOA/amendments formed a written contract obligating County to engage in Act 312 arbitration	MERC dismissed the Act 312 proceedings and the Union waived appellate review, so proceedings no longer exist and cannot be compelled	Moot: cannot order participation because MERC proceedings were dismissed and Union withdrew its appeal
Whether the circuit court’s dismissal is an improper collateral attack on MERC’s decision	Union seeks reinstatement/enforcement of arbitration despite MERC dismissal	Enforcement would amount to collateral attack on an administrative decision properly subject to direct review (which Union waived)	Moot/collateral attack barred; issue not fit for relief from courts because Union waived direct review

In re MCI Telecom Complaint, 460 Mich 396 (court may decline to decide moot cases)
People v Richmond, 486 Mich 29 (mootness doctrine; courts decide actual controversies)
Garrett v Washington, 314 Mich App 436 (appellate relief unavailable when subsequent events prevent remedy)
B P 7 v Bureau of State Lottery, 231 Mich App 356 (appeals dismissed as moot when relief cannot be fashioned)
Jackson Fire Fighters Ass’n v City of Jackson (On Remand), 227 Mich App 520 (Act 312 proceedings occur under MERC)
Monat v State Farm Ins Co, 469 Mich 679 (voluntary withdrawal of appellate review constitutes waiver)
Quality Prod & Concepts Co v Nagel Precision, Inc, 469 Mich 362 (waiver defined as voluntary abandonment of known right)
Cadle Co v City of Kentwood, 285 Mich App 240 (waiver eliminates error)
Workers’ Comp Agency Dir v MacDonald’s Indus Prod, Inc, 305 Mich App 460 (agency decisions not subject to collateral attack when agency has jurisdiction)
Peterson Novelties, Inc v City of Berkley, 259 Mich App 1 (appellant bears burden to argue issues; court will not make arguments for a party)