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03/08/76 FERNDALE EDUCATION ASSOCIATION v. SCHOOL

March 8, 1976

FERNDALE EDUCATION ASSOCIATION
v.
SCHOOL DISTRICT FOR THE CITY OF FERNDALE #2



Appeal from Oakland, John N. O'Brien, J.

McGregor, P. J., and T. M. Burns and N. J. Kaufman, JJ.

SYLLABUS BY THE COURT

1. Arbitration and Award -- Jurisdiction of Arbitrator -- Presumptions -- Labor Relations.

An arbitrator's award may be attacked for want of jurisdiction in the arbitrator, and the circuit court has the authority to determine the arbitrator's proper jurisdiction; however, the arbitrator is to be given every presumption and the law favors the resolution of labor disputes by arbitrators.

2. Appeal and Error -- Arbitration and Award -- Schools and School Districts -- Insufficient Record.

The Court of Appeals cannot determine whether a trial court erred in refusing to enforce an arbitrator's award in favor of a teacher against a school district where that court failed to set forth sufficient facts upon which its Conclusion was based, where no testimony was taken, and where the question of employment status is at issue and that issue depends upon an examination of the employment practices of the school district.

3. Constitutional Law -- Due Process -- Schools and School Districts -- Employees -- Dismissal from Employment -- Medical Reports -- Hearings.

Due process requires that a teacher who is dismissed because of information contained in a medical report is entitled to a hearing and opportunity to refute the allegations in the report where they are of such a nature as to prejudice the teacher's future employment prospects.

The opinion of the court was delivered by: Burns

Complaint by the Ferndale Education Association and Gordon Ostrowski against the School District for the City of Ferndale for a writ of mandamus to enforce an arbitration award. Writ denied. Plaintiffs appeal.

Plaintiffs Ferndale Education Association (hereinafter FEA) and Gordon Ostrowski sought a writ of mandamus to compel the defendant School District for the City of Ferndale (hereinafter the Board) to honor an arbitration award. At the Conclusion of the show cause hearing, the trial court denied the writ holding that Ostrowski was never an employee of the Board and thus no arbitrable dispute existed. Plaintiffs appeal as of right.

The FEA is the exclusive bargaining agent of the teachers in the Ferndale School District, and the Board operates and manages the public schools.

Mr. Ostrowski sought employment as a teacher in Ferndale. In his application for employment, he stated that his health was excellent and that he had no physical defects. The Board offered him a teaching contract which Ostrowski signed on January 4, 1974. He immediately began teaching and was placed on the payroll.

The collective bargaining agreement between the FEA and the Board provides that each employee submit to a "pre-employment" physical examination. Ostrowski was examined on January 19, 1974. The resulting doctor's report indicated that Ostrowski had internal disorders caused by nerves and that such condition could be helped with psychiatric treatment. The report indicated that a number of times a year the condition would worsen and that Ostrowski would have attacks lasting two or three days. Bed rest was ...


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