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04/06/76 DETROIT MOTION PICTURE PROJECTIONISTS

April 6, 1976

DETROIT MOTION PICTURE PROJECTIONISTS UNION, LOCAL 199, IATSE, AFL-CIO
v.
EMPLOYMENT RELATIONS COMMISSION



Appeal from Employment Relations Commission.

Leave to appeal applied for.

J. H. Gillis, P. J., and Quinn and R. E. Noble,* JJ. J. H. Gillis, P. J., concurred. R. E. Noble, J. (dissenting).

SYLLABUS BY THE COURT

Opinion of the Court

1. Administrative Law -- Administrative Board's Decisions -- Competent Material and Substantial Evidence.

The Court of Appeals will not disturb a decision by an administrative board that is based on the board's findings where the findings are supported by competent, material and substantial evidence on the whole record (Const 1963, art 6, § 28).

Dissent by R. E. Noble, J.

2. Labor Relations -- Employer's Discriminatory Conduct -- Antiunion Motivation -- Substantial Business Justification.

The United States Supreme Court has established two principles of Federal law which provide the Court of Appeals with guidance in the interpretation of Michigan labor relations law: (1) if it can reasonably be concluded that an employer's discriminatory conduct was "inherently destructive" of important employee rights, no proof of an antiunion motivation is needed and the board can find an unfair labor practice even if the employer introduces evidence that the conduct was motivated by business considerations, and (2) if the adverse effect of the discriminatory conduct on employee rights is "comparatively slight", an antiunion motivation must be proved to sustain the charge if the employer has come forth with evidence of legitimate and substantial business justification for the conduct.

3. Administrative Law -- Administrative Board's Decision -- Competent Material and Substantial Evidence -- Legal Conclusions.

The Court of Appeals is bound to accept the findings of fact by the Employment Relations Commission Board which are supported by competent, material and substantial evidence on the whole record, however, the Court of Appeals is clearly able to review and reject the legal Conclusions which the board draws from the facts.

4. Labor Relations -- Refusal of Union's Offer -- Discharge of Union Employees.

An honest economic reason for refusing a union's offer does not justify the drastic step of discharge of the employees belonging to the union since a ...


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