City of Saginaw v. Chwala

Defendant appeals as of right from the trial court’s grant of plaintiffs motion for summary disposition in this declaratory judgment action. We reverse and remand.

Defendant was employed by plaintiff as an equipment serviceman from October, 1973, until March 1, 1982, when defendant was laid off. Defendant was subject to a collective bargaining agreement at the time of his layoff. That agreement provided in part:

Layoffs and recalls will be based upon seniority within classification within the division, provided the senior employee possesses the present ability to do the work required in the…