AFSCME V DEPT OF MENTAL HEALTH
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STATE OF MICHIGAN
COURT OF APPEALS
AMERICAN FEDERATION OF STATE, COUNTY
AND MUNCIPAL EMPLOYEES,
UNPUBLISHED
October 14, 1997
Plaintiff-Appellant,
v
No. 189836
MERC
LC No. C94 A-11
DEPARTMENT OF MENTAL HEALTH,
Defendant-Appellee,
and
CENTRAL STATES COMMUNITY SERVICES,
Defendant-Appellee.
Before: Gribbs, P.J., and Sawyer and Young, JJ
MEMORANDUM.
Plaintiff appeals the opinion and order of the Michigan Employment Relations Commission
(MERC) which adopted but modified in part a recommended order of the administrative law judge
finding defendant Central States Community Services (CSCS) liable for certain unfair labor practices.
We find this matter is controlled by this Court’s decision in AFSCME v Dep’t of Mental Health, 215
Mich App 1; 545 NW2d 363 (1996)1, and vacate the MERC decision. Just as in AFSCME v Dep’t
of Mental Health, the labor activity in the present case is also at least “arguably” subject to the
provisions of the NLRB. In light of the recent changes in the federal standard and this Court’s response
to those changes, we vacate the MERC decisions in this case on the grounds of preemption. In light of
our decision, we need not reach the issues raised by plaintiff.
-1
Vacated.
/s/ Roman S. Gribbs
/s/ David H. Sawyer
/s/ Robert P. Young, Jr.
1
Although plaintiff contends that the proceedings, id., were stayed by this Court and cannot be relied
upon in this matter, the stay was lifted by this Court’s order September 8, 1997.
-2
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