Hunter v. Wayne-Westland Community School District

I concur in the finding that the wwea breached its duty of fair representation with regards to Hunter.

I disagree with the majority’s finding that the pera authorizes merc to award attorney fees to the prevailing party. Nowhere in the pera is there any language specifically providing for the recovery of attorney fees. Section 16(b) of the pera, MCL 423.216(b); MSA 17.455(16)(b), does give merc the power "to take such affirmative action including reinstatement of employees with or without back pay, as will effectuate the policies of this act.” I believe that the ambiguous phrase "as will…