MARQUETTE AREA PUBLIC SCHLS V MARQUETTE AREA EDUCATION ASSN
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STATE OF MICHIGAN
COURT OF APPEALS
MARQUETTE AREA PUBLIC SCHOOLS, and
MARQUETTE AREA PUBLIC SCHOOLS
BOARD OF EDUCATION,
UNPUBLISHED
January 19, 2006
Plaintiffs/Counter DefendantsAppellees,
v
No. 265191
Marquette Circuit Court
LC No. 05-042404-CL
MARQUETTE AREA EDUCATION
ASSOCIATION,
Defendant/Counter PlaintiffAppellant.
Before: Zahra, P.J., and Murphy and Neff, JJ.
PER CURIAM.
Defendant appeals as of right the trial court’s grant of summary disposition for plaintiffs
in this action seeking declaratory and injunctive relief concerning arbitration under a collective
bargaining agreement. We affirm.
I
This case arises from plaintiffs’ termination of James Cihak’s employment as the girls’
head track coach for Marquette Area Public Schools. Cihak was employed as the girls’ head
track coach for the 2003-2004 school year. He was not a teacher; he was employed only in the
extracurricular coaching position.
In March of 2004, plaintiffs notified Cihak that his employment was terminated.
Defendant subsequently filed a grievance on behalf of Cihak, followed by a demand for
arbitration under the parties’ Collective Bargaining Agreement (CBA). Plaintiffs rejected
Cihak’s grievance and demand for arbitration. It was plaintiffs’ position that Cihak’s termination
was not governed by the CBA because he was not a member of the collective bargaining
association, and, further, the CBA precluded arbitration of a grievance concerning termination
from employment in an extracurricular sports coaching position.
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Plaintiffs filed this action in the circuit court seeking injunctive and declaratory relief.
Defendant filed a counter-complaint for breach of contract. The parties waived oral argument,
and the trial court issued a decision in favor of plaintiffs. The court enjoined arbitration of
Cihak’s grievance and granted summary disposition for plaintiffs. Reading the plain language of
the CBA, the trial court determined that Cihak was not a member of defendant’s bargaining unit,
and thus defendant was not the exclusive bargaining representative of Cihak. Consequently,
defendant cannot arbitrate a grievance filed on Cihak’s behalf.
II
This Court reviews de novo a trial court's grant of summary disposition. Spiek v Dep't of
Transportation, 456 Mich 331, 337; 572 NW2d 201 (1998). Summary disposition under MCR
2.116(C)(10) is properly granted when there is no genuine issue of material fact and the movant
is entitled to judgment as a matter of law. Smith v Globe Life Ins Co, 460 Mich 446, 454; 597
NW2d 28 (1999). The court considers the pleadings, affidavits, depositions, admissions and
other documentary evidence in the light most favorable to the nonmoving party. Id.
III
Defendant argues that the trial court erred in finding that the CBA does not cover
individuals like Cihak who are non-certificated and “hired to fill vacant bargaining unit
positions.” We disagree.
Article I, Section 1, of the CBA provides in relevant part:
The bargaining unit shall consist of:
All regularly scheduled full-time and part-time certificated teaching personnel
under probationary contract or continuing tenure, including counselors, alternative
school personnel, department heads, nurses, social workers, psychologists,
therapists, Planetarium Director, and Coordinators; but excluding . . . [specifically
named administrative and other positions], and all other employees including
supervisors.
We agree with the trial court that under the plain language of Article I, Section 1, Cihak
was not a member of the bargaining unit. It is undisputed that Cihak is not a certificated teacher
nor was he employed in a position specifically included in the bargaining unit. Accordingly, he
is not a member of the bargaining unit, and, thus, absent some other provision to the contrary,
Cihak’s employment is not governed by the CBA. We find no other provision of the CBA under
which Cihak’s employment is governed by the CBA.
We are unpersuaded by defendant’s argument that reading Article I, Section 1 together
with other provisions, supports a conclusion that Cihak’s employment was governed by the
CBA. The CBA provisions in Article I, Section 2, concerning the terms “employee,” “member,”
or “teacher” do not operate to make Cihak’s employment subject to the CBA. Section 2 provides
in relevant part:
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The terms “employee”, “member” or “teacher” when used in this Agreement refer
to all employees in the above-described bargaining unit unless the context
requires otherwise.
We are unconvinced that the phrase “unless the context requires otherwise” has any specific
bearing on the issue before us. Further, defendants have failed to show how the CBA provisions
for filling special assignment vacancies in Article X, Section 7, or other tangentially related
provisions, support their argument that Cihak is entitled to pursue his grievance and arbitration
under the CBA. Any argument in this regard is tenuous and does not overcome the plain
language of Article I, Section 1, which clearly defines the bargaining unit. The fact that other
provisions cited by defendant address extracurricular positions with respect to bargaining unit
members does not warrant a conclusion that nonmember extracurricular employees are governed
by the CBA because they are hired to fill positions that could be filled by bargaining unit
members.
IV
Defendant argues that an issue of material fact exists regarding whether this matter is
subject to arbitration, and, therefore, the court erred in concluding that the grievance was not
substantively arbitrable. We disagree.
Article III, Section 2—Step Three, “Grievance Procedure,” sets forth the powers of the
arbitrator. Paragraph 3B provides that the arbitrator shall have no power to rule on any of the
following:
***
3. The termination of services or failure to re-employ any teacher to a position on
the extracurricular schedule.
Under the express provisions of Paragraph 3B, termination from employment in an
extracurricular position is not subject to arbitration under the CBA. Even if Cihak were
considered a “teacher” for purposes of the CBA, termination of his employment from the
coaching position would not be subject to arbitration. The fact that a previous arbitration
decision determined that the language of Article III did not mandate dismissal of a teachercoach’s grievance does not raise a triable question of fact in this case.
V
Defendant argues that plaintiffs were not entitled to dismissal of defendant’s
counterclaim and that the trial court failed to address the counterclaim. We find no error.
Because the trial court correctly concluded that Cihak is not a member of defendant’s
bargaining unit and is not represented by defendant with respect to the CBA, defendant’s
counterclaim is properly dismissed. Defendant’s breach of contract claim against plaintiffs was
premised on Cihak’s alleged wrongful discharge and is therefore untenable given the finding that
Cihak’s employment is not governed by the CBA.
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Affirmed.
/s/ Brian K. Zahra
/s/ William B. Murphy
/s/ Janet T. Neff
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