Smigel v. Southgate Community School District

(for reversal and remand). We concur with Justice Swainson that the pure legal issues concerning construction of our *539statutes are not peculiarly within the scope of the expertise of the Michigan Employment Relations Commission and as such were properly brought before the circuit court.

However, we do not agree that the trial court correctly denied the plaintiffs injunctive relief. The determinative issue which must be resolved in this case is:

Does the "agency shop” provision involved in the instant case create the practical equivalent of a "union shop” and, as such, is it prohibited by § 10 of…