Smigel v. Southgate Community School District

I concur in part with and dissent in part from the opinions of Chief Justice T. M. Kavanagh, Justice T. E. Brennan and Justice Swain-son. I concur in reversal and remand.

On the question of court jurisdiction vis-a-vis MERC to construe the pertinent statutes, I agree *544with what the Chief Justice and Justice Swainson wrote that the Court has such jurisdiction.

On the question whether PERA § 10 permits an "agency shop,” I agree with the Chief Justice and Justice T. E. Brennan that it does not. This is because PERA fails to include a savings clause for union security such as § 14 in private…