*1 1979]
LOCALNO. TEAMSTERS v CITY OF DETROIT 19, 1979, Dоcket No. 78-2301. Submitted March at Detroit. 10, 1979. Decided July appeal applied Leave to for. Teamsters, representative Local No. as union of correctional (DeHoCo), employed at the Detroit House of Correction petitioned Michigan Employment Relations Commission (MERC) for a formal determination as to whether the оfficers eligible providing for arbitration under a statute for compulsory disputes municipal police arbitration of labor in departments. possessed requi- and fire MERC held that it jurisdiction necessary site to effect a settlement of a contro- versy, prison guards addition ruled that the were within coverage compulsory the act’s and therefоre entitled to arbitra- City appeal tion. The of Detroit and DeHoCo that determina- alleging jurisdiction authority tion that MERC lacks the question plaintiff’s eligibility compul- hear and decide the for arbitration, sory determining that MERC erred in that DeHoCo city facility ais state rather than a and that the correctional subject to the same or similar hazards faced policemen. Detroit Held: jurisdiction authority 1. MERC has to hear and decide public police eligibility department employees and fire for compulsory disputes. arbitration of labor employed 2. Correctional at DeHoCo are Detroit; therefore, come, they city employees in that respect, providing compul- within the ambit of the statute for sory disputes municipal police arbitration of labor and fire departments. providing compulsory 3. The statute for arbitration of labor
disputes municipal police departments applies and fire public employees engaged or firemen or [1-3, [4] Validity 48 Am Jur 2026. ALR3d 885. arbitration of labor 48A Am Jur and construction of statutes or ordinances 2d, References Labor and Labor Relations 2d, Labor and Labor Relations disputes involving public employees. for Points in Headnotes §§ 1368, 1420, §§ 1764, 1773-1775, providing 1421. 91 part are not at DeHoCo the hazards thereof. eligible department public police and to be to the risks and hazards faced must be policemen. by City A MERC decision is conclusive if *2 by competent, supported material and substantial evidence on Appeals the Court of as a whole. Where the record considered agency’s findings say are devoid of the that an is unable case, support necessary due deference should record in a close expertise given agency’s and the Court administrative bе to the province exclusive administrative fact- not invade the of should agency’s finding by displacing two reason- choice between ably differing views. Affirmed. hold, He would from his review of Kelly, J., M. J. dissented. carry presented, failed the evidence establishing at DeHoCo of that correctional burden were, are, subject to the risks and hazards as mem- samе Department. not Police of the Detroit bers compulsory eligible under the statute and the for arbitration MERC decision should reversed.
Opinion of Court Employment Michigan — Relations Commis- 1. Relations Labor Employees — — — Policemen and Public sion Jurisdiction Disputes — — Arbitration of Statutes. Firemen jurisdiction Michigan Employment Relations Commission has eligibility question authоrity to hear and decide department employees compul- public police fire for the of (MCL disputes seq.; sory MSA 423.231 et seq.). et 17.455[31] Employees — — 2. Labor Relations Fire- Policemen and Public Disputes — —men Arbitration Statutes. disputes compulsory providing The act arbitration of labor depart- departments applies any municipal police and fire employees county, village township having city, ment of a fighting to the or in fire ' (MCL423.232; 17.455[32]). hazards thereof MSA — — 3. Prisons Correctional Detroit House of Correction Disputes — — Arbitration Statutes. Guards Correction are Detroit House of Correctional come, therefore, Detroit; paid by employed and providing respect, the act within the ambit оf 214, disputes municipal police arbitration of labor (MCL departments 423.232; 17.455[32]). and fire MSA Appeal Michigan Employ- — — 4. Error Administrative Law — Finding Expertise — — ment Relations Commission Fact — Constitutional Law Statutes. Michigan Employment A decision of the Relations Commission is supported by competent, if conclusive material and substantial whole; therefore, evidencе on the record considered as where Appeals the Court of is unable to reach conclusion that the agency’s findings necessary support devoid record decidedly case, given in a close due deference should be to the agency’s expertise Appeals administrative Court and the province should decline to invаde the of exclusive administra- fact-finding displacing agency’s tive choice between two (Const differing reasonably views art MCL § 423.23[e]; 17.454[25][e]). MSA — — Employees 5. Labor Relations Public Policemen and Fire- Disputes — — men Arbitration Detroit House of Correc- — — — *3 tion Guards Risks and Hazards Statutes. Compulsory disputes public arbitration of labor extends to em- ployees ñreñghting оr in thereof; the hazards correctional at the Detroit House of part public Correction are city police department not eligible compulsory and to be for arbitration their labor dispute they city policemen; must the hazards therefore, where record evidence indicates that the subject to not the same risks and hazards as members of the Department, compulsory Detroit Police arbitration should be (MCL423.232; 17.455[32]). denied MSA Frank J. Kelley, Attorney A. Robert General, Derengoski, DeHorn, and Jon M. General, Solicitor General, Assistant Attorney Michigan for Employ- ment Commission. Relations Young,
Kasoff, Gottesman, Kovinski, Friedman Shifman), Walkon, & P.C. Howard L. for Team- (by sters Local No. 214.
Roger Craig, George E. G. Counsel, Corporation App 91 op Opinion the Court Counsel, and Michael Matish, Corporation Deputy Counsel, Hurvitz, Corporation A. Assistant defendants. Kelly P.J., and and D. C. Riley,
Before: Beasley, JJ. plaintiff, P.J. Riley,
D. C. On October representative union correctional the Correction House of employed Detroit DeHoCo), Michigan (hereinafter, petitioned (hereinafter, Commission Relations Employment Commission) as to for a formal determination eligible for аrbitration the officers were whether statute, MCL compulsory under 17.455(31) seq. seq.; 423.231 MSA et et 17, 1978, the dated Commission May In an order requisite jurisdiction it possessed held that the controversy, a settlement of to effect necessary prison ruled that addition entitled to coverage act’s therefore within the arbitration. mandatory leave, rais- appeal
DeHoCo that determination issues, dis- one which merits ing only three tended consideration. the Commis- argument, initial
Defendants’ authority to hear jurisdiction sion lacks question plaintiff’s eligibility and decide the arbitration, recently has been rebuffed Metropolitan this in In The Matter of Court 564; AFL-CIO, 23, AFSCME, 89 Mich Council (1979), held NW2d 600 it was wherein *4 public employees intent within legislative afford and еffective scope expeditious the of the act an would be disputes1 for the resolution procedure ger- imposing protracted delays ill-served the 17.455(31). 423.231; MSA MCL 214, Opinion of the Court mane to initial court review and resolution comprehensiveness. claim, act’s Defendants’ there- fore, is without merit.
Defendants
also maintain
that
the Commission
in detеrmining
erred
that DeHoCo is a state
than
facility.
rather
a city
17.455(32)
423.232;
"public
MCL
MSA
defines
police and fire department”,
compul-
to which the
act
sory
applies, as follows:
department
"any
city,
village
county,
township
having
fighting
employees
or
in
fire
hazards thereof.”
arguendo,
Assuming,
the validity of defendants’
v Dep’t
contention,
Corrections,
Green
30 Mich
648,
(1971),
аff'd 386 Mich
652;
NW2d 792
459;
(1971),
Hence, issue, we dispositive turn to the whether holding ques- Commission’s tion to the same or similar hazards as faced policemen was accordance with the law and supported by competent, material and substаntial art evidence. Const MCL § 423.23(e); Michigan Employ- 17.454(25)(e), MSA ment Relations Commission v Detroit Symphony Orchestra, Inc, 116, 121-124; 393 Mich 223 NW2d (1974). *5 op Opinion the Court Deputy testified Bannon Chief James
Executive generally regarding encountered the hazards walking They police included officers. responding riding motorcycles, re- to radio beats, riding patrol ports cars, investi- crimes, of offenses, gating cases, robber- sex-related narcotics police charged are with the ies and homicides. general all the criminal laws enforcement felony, misdemeanor, motor vehi- state, be obligation an have Police officers cle connected. carry badges guns cards, identification respond accоrdingly, duty, and, off even when any threatening time. Police situations life They also must in their work. assist firemen must respond squabbles, family intervene in to and police dangerous of most one of the which is average, since, national on the 50% activities injured police killed or are killed the injured responding Statistics to domestic calls. injur evidencing high rate of introduced spectrum throughout resulting the entire ries police that, due to also indicated Bannon activities. police communities, in urban work the stress occupational highest police rates officers have highest rates divorce, one of the of suicide and of alcoholism country. in the guards, and the correctional functions of exрlained by risks, various their attendant witnesses, including DeHoCo. Their the director of testimony may the offi- as follows: summarized maintaining responsible order are cers patrol facility, throughout and also the detention They perimeters foot and in vehicles. its prisoners custody to and for the accountable hospitals. agencies, police In сourts and from pursue escape, they prisoner ini- of a event tially always apprehension, attempt with M.J. weapons. They prisoners aid search and visitors weapons for contraband or narcotics; such how- power only ever, their extends to detention of the wrongdoer—the local are alerted to effectu- Although ate the arrest. are on call 24 day, they carry hours a are not authorized to *6 weapon off-duty or make an arrest. Most do not part carry guns daily routine, as of their but a full range weapons (including teargas, mace, equipment) kept premises riot other are on the necessary. issue when have, Officers on occasion, through prisonеr though been assaulted attack, anywhere nearly frequently po- not as as Detroit potential However, licemen. for these attacks coupled with instances inter-inmate conflicts exposes they them to risks from which suffer physical injuries.
Upon a careful review the evidence and testi- mony proffered, arewe unable to reach the conclu- finding that sion the Commission’s was devoid of necessary support. record We view the instant decidedly accordingly one, case aas close expertise afford due deference to administrative province and decline to "invade the of exclusive fact-finding by displacing agen- administrative cy’s reasonably differing choice between two Michigan Employment views”. Relations Commis- Symphony supra, sion v Detroit Orchestra, Inc, 124. plaintiff.
Affirmed. Costs to J., concurred. Beasley, (dissenting). agree J. I with majority namely, juris- on the first two issues: diction the commission and correc- should the employed by tional of Detroit. city they obviously part public Since not 91 Kelly, M.J. Dissent dispositive issue here is рolice department, were, are, to the same whether police- faced as those similar hazards men. of the statu- application interpretation 423.232; MSA in MCL embodied language
tory point 17.455(32), the focal of this by the MERC is is as follows: language argument. This any de- departments means and fire police "Public township village, having partment city, cоunty, of a firefighting or policemen, or employees added.) (Emphasis thereof.” subject to the hazards hearing its officer board and I believe the MERC the correctional officers determining erred officers encoun- hazards therefore, find, ter and I would under ineligible Michigan Employment Relations In the statute. *7 Orchestra, Inc, Symphony Commission v (1974), 116, 121; 223 it was NW2d 393 Mich stated: of MERC Board appellate
"The of review standard in the mediation act as findings fact set forth labor of is follows: " *'* * findings respect of the board with by competent, material supported if questions of fact as a on the record considered and substantial evidence * * *’ 423.23(e); MSA MCL shall be conclusive. whole 17.454(25)(e). art comports "This with Const § standard scope of constitutional sets forth minimum which judicial of administrative decisions.” review case, Court elaborated Supreme
Later this review, stating: this of standard M. J. "What the drafters of the Constitution intended was decision, thorough judicial a review of administrative is, review which considers the whole record—that both portions of just sides the record—not those of record supporting findings agency. the administrative Although such a does not attain review the status of de review, necessarily degree novo it qualita- entails a quantitative tive and by evaluation evidence considered agency. Such review must be undertaken with sensitivity considerable in order that the courts accord due expertise deference to administrative in- and not province vade the an fact-finding by displacing of exclusive agency’s choice between reasonably differing two concerns, Cognizant views. of these the courts must tightrope duty requires walk the provide judges which prescribed meaningful review.” argument, There is no and there can be no argument, were members Department. Detroit Police Plaintiffs’ stip- counsel ulated that not. Let they were us then examine comparative hazards. hazards of police department work were set out in the testimony the Executive Chief of Deputy the Detroit Police Department, James Bannon. sug- His testimony gests that city police exposed are to hazards of such variety, scope, and as to me intensity lead conclude that the MERC findings board’s were not supported by competent, material and substantial evidence on the record considered as a whole.
The city range officers have a wide hazards, duties and resultant including walking beats, riding responding motorcycles, to radio re- ports crimes, cаrs, patrol riding investigating cases, offenses, narcotics sex-related robberies and homicides. The police charged general with the *8 state, enforcement of all the criminal laws of they misdemeanor, be or motor-vehicle con- felony, obligation nected. Police officers have to carry App 273 by Dissent cards, guns even badges, identification their threatening when off life respond to and to duty, firemen must assist time. Police any at situations to and respond must They in work. also of the which is one family squabbles, intervene in since, on the activities dangerous police most police killed of the average, national 50% to responding injured killed or injured are showing were introduced dоmestic calls. Statistics police through to resulting injuries the number of police They activities. spectrum entire 4,000 field offi- of approximately showed that out 2,728 injured some cers, expected to be can Chief Bannon year. Deputy in the course a way that, police to the stress of work also indicated due communities, have the pоlice officers in urban divorce, rates of suicide and highest occupational in the highest rates of alcoholism and one country. plaintiffs’ correctional functions (De- Detroit House Correction attendant those func-
HoCo), and the hazards to director, its William Rucks. tions, outlined shift at day facts revealed: The following guards, of about correctional DeHoCo consists weapon duty. a None carry two whom only carry of the correctional are authorized off-duty. arrest If weapon a or make an while being smuggled is guards discover contraband wrongdoer. DeHoCo, detain the only into can department must effec- alert local They hazards, As wit- occupationаl tuate arrest. that, at De- Rucks his years ness related he HoCo, or shot and guard no had been stabbed being injured recall four to six only could Further, only he attacks. recalled prisoner to be weapons had about three incidents where *9 M.J. guards. Although issued the correctional there presented testimony were other witnesses whose descriрtions issue, also addressed this occupational plaintiffs hazards of the were consist- ent with that of Mr. Rucks. plaintiffs
I do not think that carried their establishing they were, are, burden subject to the risks and hazards to which members police department subject. Therefore, the MERC board determination should be reversed and the held not entitled to arbitration under the statute.