Prisoners' Labor Union at Marquette v. Department of Corrections

We are called upon to decide the following question of first impression:

Are plaintiff-appellant inmates "public employees” within the meaning of the public employment relations act (PERA), MCLA 423.201 et seq.; MSA 17.455(1) et seq., and therefore subject to the jurisdiction of the Michigan Employment Relations Commission (MERC)?

Seeking official recognition of this asserted employee status, the inmates petitioned * 1 MERC to hold elections to certify representatives for purposes of collective bargaining. The inmates also filed unfair labor practice charges, naming the defendant-appellee,…