Legal Opinion

Metropolitan Detroit Plumbing & Mechanical Contractors Ass'n v. Employment Security Commission

Michigan Supreme Court

Decided July 22, 1986No. Docket No. 72928Published

1Opinion of the CourtArcher, J.

There are two issues before this Court. First, is the notice provision of Michigan’s labor mediation act preempted by the National Labor Relations Act? Second, if state law is preempted, and this Court is precluded from fashioning a remedy based on state labor law, what effect does preemption have on the parties’ dispute concerning payment of unemployment compensation? We find that since the notice provision of the labor mediation act is preempted, this preemption prohibits the construction of the Employment Security Act to permit payment of compensation in this case.

The dispute between the…

2Cases cited11 opinions

  1. San Diego Building Trades Council v. GarmonSupreme Court of the United States · 1959
  2. Gibbons v. OgdenSupreme Court of the United States · 1824
  3. National Labor Relations Board v. Jones & Laughlin Steel Corp.Supreme Court of the United States · 1937
  4. American Ship Building Co. v. National Labor Relations BoardSupreme Court of the United States · 1965
  5. National Labor Relations Board v. Truck Drivers Local Union No. 449Supreme Court of the United States · 1957

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