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MacOmb County v. Afscme Council 25

Citation: Not availableDocket: 144303

Court: Michigan Supreme Court; May 9, 2012; Michigan; State Supreme Court

Original Court Document: View Document

Narrative Opinion Summary

The Michigan Supreme Court granted an application for leave to appeal the Court of Appeals' judgment from September 20, 2011, in the case involving Macomb County Road Commission and the 16th Judicial Circuit Court against AFSCME Council 25 Locals 411, 412, 893, UAW Locals 889, and the Michigan Nurses Association. The core issue for consideration is whether the Court of Appeals correctly interpreted the intent of the parties to modify the collective bargaining agreement by utilizing 100% female and 0% male mortality tables, in accordance with the precedent set in Port Huron Ed Ass’n v Port Huron Area School Dist, 452 Mich 309 (1996). The Michigan Association of Counties is invited to submit an amicus curiae brief, and other interested parties may request permission to file such briefs. The order was certified as a true and complete copy by the Clerk of the Michigan Supreme Court on May 9, 2012.

Legal Issues Addressed

Amicus Curiae Participation

Application: The Michigan Association of Counties is invited to submit an amicus curiae brief, indicating the court's openness to input from interested parties.

Reasoning: The Michigan Association of Counties is invited to submit an amicus curiae brief, and other interested parties may request permission to file such briefs.

Interpretation of Collective Bargaining Agreements

Application: The case examines whether the Court of Appeals correctly interpreted the intent of the parties to modify the collective bargaining agreement by using specific mortality tables.

Reasoning: The core issue for consideration is whether the Court of Appeals correctly interpreted the intent of the parties to modify the collective bargaining agreement by utilizing 100% female and 0% male mortality tables.

Precedent in Contract Interpretation

Application: The case relies on the precedent set in Port Huron Ed Ass’n v Port Huron Area School Dist for interpreting contractual modifications.

Reasoning: The core issue for consideration is whether the Court of Appeals correctly interpreted the intent of the parties to modify the collective bargaining agreement... in accordance with the precedent set in Port Huron Ed Ass’n v Port Huron Area School Dist, 452 Mich 309 (1996).

Use of Mortality Tables in Contracts

Application: The legal question involves the appropriateness of using gender-specific mortality tables in interpreting the collective bargaining agreement.

Reasoning: The core issue for consideration is whether the Court of Appeals correctly interpreted the intent of the parties to modify the collective bargaining agreement by utilizing 100% female and 0% male mortality tables.