Legal Opinion · Concurrence

Dearborn Fire Fighters Union Local No 412 v. City of Dearborn

Michigan Supreme Court

Decided June 24, 1975No. Docket Nos. 54308, 54309, (Calendar Nos. 3, 4)Published

1ConcurrenceT. G. Kavanagh, C. J.

I have signed Justice Levin’s opinion because I am satisfied that he has correctly stated the law. I write separately to emphasize the observation he makes.

At least as long as the law prohibiting public employees from striking is maintained, some form of compulsory arbitration is a constitutionally permissible device to provide for the settlement of disputes between such employees and their employers.

Although the present law’s provision for hit-and-run arbitrators is constitutionally defective, a law providing for a continuing politically responsible arbitrator could meet the constitution’s…

2Cases cited36 opinions

  1. National Labor Relations Board v. Jones & Laughlin Steel Corp.Supreme Court of the United States · 1937
  2. Detroit Police Officers Ass'n. v. City of DetroitMichigan Supreme Court · 1974
  3. Fire Fighters Union, Local 1186 v. City of VallejoCalifornia Supreme Court · 1974
  4. State Ex Rel. Barney v. HawkinsMontana Supreme Court · 1927
  5. State Highway Commission v. VanderklootMichigan Supreme Court · 1974

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