Legal Opinion · Dissent

Southfield Police Officers Ass'n v. Southfield

Michigan Supreme Court

Decided August 22, 1989No. 81974, (Calendar No. 9)Published

1DissentBoyle, J.

In my view, the majority has misconstrued federal precedent and too broadly construed "the rule of exclusivity” applied by the merc in this case. In view of the fact that the majority has cited no federal precedent in support of its conclusion and the merc has provided no federal authority for its rule of exclusivity, I believe that a remand is necessary to assure that the merc’s test can in fact be harmonized with relevant federal authority. If the merc remand does so, it may affirm its original dismissal. I would retain jurisdiction pending this clarification.

The broad issue in this case is…

2Cases cited23 opinions

  1. Fibreboard Paper Products Corp. v. National Labor Relations BoardSupreme Court of the United States · 1964
  2. Allied Chemical & Alkali Workers of America, Local Union No. 1 v. Pittsburgh Plate Glass Co.Supreme Court of the United States · 1971
  3. Piper v. Chris-Craft Industries, Inc.Supreme Court of the United States · 1977
  4. National Labor Relations Board v. BrownSupreme Court of the United States · 1965
  5. National Woodwork Manufacturers Ass'n v. National Labor Relations BoardSupreme Court of the United States · 1967

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