From Casetext: Smarter Legal Research

Lansing Community College v. Lansing Community College Chapter of the Michigan Ass'n for Higher Education

Michigan Court of Appeals
Jun 17, 1988
171 Mich. App. 172 (Mich. Ct. App. 1988)

Opinion

Docket No. 106282.

Decided June 17, 1988. Leave to appeal applied for.

MacLean, Seaman, Laing Guilford (by Charles R. MacLean), and Vedder, Price, Kaufman Kammholz (by Robert C. Claus, Paul L. Gleeson, and Bruce R. Alper), of Counsel, for plaintiff.

White, Beekman, Przybylowicz, Schneider Baird, P.C. (by James A. White), for defendant.

Before: KELLY, P.J., and SULLIVAN and SAWYER, JJ.


ON REMAND


This matter was remanded from the Supreme Court to the Court of Appeals for consideration in light of United Paperworkers International Union, AFL-CIO v Misco, Inc, 484 US ___; 108 S Ct 364; 98 L Ed 2d 286, 302 (1988). As stated by Justice White:

In [ W R Grace Co v Rubber Workers], we recognized that "a court may not enforce a collective-bargaining agreement that is contrary to public policy," and stated that "the question of public policy is ultimately one for resolution by the courts." [ 461 U.S. 757, 766; 103 S Ct 2177; 76 L Ed 2d 298 (1983).] We cautioned, however, that a court's refusal to enforce an arbitrator's interpretation of such contracts is limited to situations where the contract as interpreted would violate "some explicit public policy" that is "well defined and dominant, and is to be ascertained `by reference to the laws and legal precedents and not from general considerations of supposed public interests.'" [Emphasis in original.]

After reviewing this case in light of United Paperworkers, we reaffirm our prior holding.


Summaries of

Lansing Community College v. Lansing Community College Chapter of the Michigan Ass'n for Higher Education

Michigan Court of Appeals
Jun 17, 1988
171 Mich. App. 172 (Mich. Ct. App. 1988)
Case details for

Lansing Community College v. Lansing Community College Chapter of the Michigan Ass'n for Higher Education

Case Details

Full title:LANSING COMMUNITY COLLEGE v LANSING COMMUNITY COLLEGE CHAPTER OF THE…

Court:Michigan Court of Appeals

Date published: Jun 17, 1988

Citations

171 Mich. App. 172 (Mich. Ct. App. 1988)
429 N.W.2d 619

Citing Cases

State v. Conn. Emps. Union Indep.

nctions are an acceptable form of discipline. See, e.g., Doe v. Central Arkansas Transit, 50 Ark.App. 132,…

State v. Conn. Emps. Union Indep.

that lesser sanctions are an acceptable form of discipline. See, e.g., Doe v. Central Arkansas Transit, 50…