William Scott Zastrow v. City of Wyoming
331791
| Mich. Ct. App. | Sep 5, 2017Background
- Zastrow, Assistant Director of Public Works and union member, was terminated after an incident on Jan 26, 2015 where he took an M-4 rifle from a coworker, checked it, made remarks, and handed it back. Coworker statements suggested Zastrow said something like “Maybe now I will get some respect.”
- City investigated, concluded Zastrow acted threateningly and was dishonest during the investigation, found violations of City rules, suspended him, then terminated him March 12, 2015.
- The Association (union) filed a Notice of Intent, investigated via a Grievance Committee, conducted settlement negotiations (two compromise offers were exchanged), and ultimately declined to pursue arbitration after the City rejected compromises.
- Zastrow sued the City for breach of the CBA (termination without just cause) and sued the Association for breach of the duty of fair representation; he also sought a preliminary injunction to compel arbitration.
- Trial court denied the injunction and granted summary disposition for both defendants; the Court of Appeals affirmed, holding (1) no contractual right to arbitration at the time suit was filed and (2) the Association did not breach its duty of fair representation.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether plaintiff was entitled to a preliminary injunction compelling arbitration under the CBA | CBA required union to proceed to arbitration after City rejected the Step 3 compromise; injunction necessary to preserve forum | Association had not filed the Step 4 notice within the CBA time window; no contractual obligation to arbitrate; plaintiff lacked irreparable harm | Denied — no obligation to arbitrate when suit filed; plaintiff failed to show irreparable harm or public interest in injunction |
| Whether the Association breached the duty of fair representation by not pursuing arbitration | Association acted arbitrarily, failed to follow CBA grievance steps, and decided not to arbitrate from the start | Association conducted a thorough, good-faith investigation and settlement efforts and reasonably concluded arbitration lacked merit or was not in membership’s interest | Dismissed — although some CBA steps weren’t strictly followed, union’s investigation and reasoned decision defeated a duty-of-fair-representation claim |
| Whether plaintiff may maintain a breach-of-contract claim against the City absent success on the union-duty claim | Zastrow argues City breached CBA by firing without just cause | City argues employee cannot sue employer under the CBA unless union-duty breach is proved first | Dismissed — plaintiff cannot pursue the CBA breach claim without prevailing on the duty-of-fair-representation claim |
Key Cases Cited
- Spiek v. Dep’t of Transp., 456 Mich. 331 (Mich. 1998) (summary-disposition standard)
- Pontiac Fire Fighters Union Local 376 v. City of Pontiac, 482 Mich. 1 (Mich. 2008) (irreparable harm and availability of legal remedies for injunctions)
- Goolsby v. Detroit, 419 Mich. 651 (Mich. 1984) (elements and limits of the duty of fair representation)
- Knoke v. East Jackson Pub. Sch. Dist., 201 Mich. App. 480 (Mich. Ct. App. 1993) (union-duty prerequisite to employee breach-of-contract claim)
- Lowe v. Hotel & Restaurant Employees Union, Local 705, 389 Mich. 123 (Mich. 1973) (union breached duty by perfunctory, biased handling of grievance)