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02/26/76 LAMPHERE SCHOOL DISTRICT v. LAMPHERE

February 26, 1976

LAMPHERE SCHOOL DISTRICT
v.
LAMPHERE FEDERATION OF TEACHERS



Appeal from the Employment Relations Commission.

J. H. Gillis, P. J., and Quinn and R. E. Noble,* JJ.

SYLLABUS BY THE COURT

1. Labor Relations -- Collective Bargaining -- Unions -- Public Employers -- Good Faith.

A union must bargain collectively with a public employer; this requirement mandates a good faith effort by all parties (MCLA 423.210[3], 423.215; MSA 17.455[10][3], 17.455[15]).

2. Labor Relations -- Collective Bargaining -- Good Faith -- Unfair Labor Practices.

Failure to bargain in good faith constitutes an unfair labor practice (MCLA 423.216; MSA 17.455[16]).

3. Labor Relations -- Michigan Employment Relations Commission -- Jurisdiction -- Unfair Labor Practices.

The Michigan Employment Relations Commission has exclusive jurisdiction over all unfair labor practice questions.

4. Labor Relations -- Collective Bargaining -- Good Faith -- Strike.

The fact that a labor union is on strike does not necessarily indicate a failure to bargain in good faith.

The opinion of the court was delivered by: Gillis

Complaint by the Lamphere School District against the Lamphere Federation of Teachers before the Employment Relations Commission charging unfair labor practices. Complaint dismissed. Plaintiff appeals.

On September 6, 1973, the Lamphere School District (hereinafter referred to as School District) filed a charge with the Michigan Employment Relations Commission (hereinafter referred to as MERC). In the charge, the School District alleged that the Lamphere Federation of Teachers (hereinafter referred to as Teachers) had breached the mandates of the public employment relations act (hereinafter referred to as PERA) in the following ways:

"1. Since on or about July 1, 1973, the above-named labor organization has failed and refused to bargain in good faith by taking unalterable and ...


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