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Kent County Deputy Sheriff's Association v. Kent County Sheriff9/19/2000
As amended 9/29/00
When two jail guards were disciplined, the plaintiff union filed grievances and began preparing for arbitration. Its efforts included a request under the Freedom of Information Act for copies of the reports on which the sheriff based the disciplinary decisions. The sheriff refused to provide a portion of the material, and the union sued. The circuit court ruled in favor of the union, but the Court of Appeals reversed. We affirm the judgment of the Court of Appeals, though we reject two of the three grounds for its decision.
I.
In February 1995, the Kent County Sheriff suspended a jail guard for twelve days and imposed other restrictions on his work duties. This was done because the sheriff was persuaded that the guard had used excessive force against inmates on three occasions. The guard, represented by the plaintiff union, filed a grievance. The matter was scheduled for hearing before an arbitrator.
In January 1996, the Kent County Sheriff fired a second guard because of an off-duty incident at a local restaurant, which resulted in a criminal investigation. The written discharge told the guard, "You have brought discredit to yourself, the Department, and all police officers in general." Again, a grievance was filed to bring the matter to arbitration.
To prepare for the arbitration hearings, the union requested that the sheriff provide copies of all reports on which the disciplinary decisions were based. These requests were made under both the Michigan Freedom of Information Act (FOIA) and the Employee Right to Know Act. The sheriff responded with certain documents pertaining to the guard who had been suspended. Regarding the case of the guard who had been fired, the sheriff replied that he already had given copies of all the material that he was required to provide.
The union filed suit in circuit court, seeking various forms of relief. For present purposes, it is sufficient to say that the union sought copies of the reports generated during the sheriff's internal investigation of these matters.
Each side moved for summary disposition. The circuit court granted the union's motion with regard to its FOIA claim and denied the motion filed by the county defendants.
The Kent County defendants appealed, and persuaded the Court of Appeals to reverse the judgment of the circuit court. 238 Mich App 310; 605 NW2d 363 (1999).
The union has applied to this Court, seeking leave to appeal.
II.
A.
In its opinion of reversal, the Court of Appeals addressed three issues, each related to the FOIA. The first was whether the circuit court even had jurisdiction of this matter.
In this regard, the Court of Appeals explained:
The [public employment relations act][ ] governs public sector labor law, and its provisions have been held to take precedence over other conflicting laws to ensure uniformity, consistency, and predictability in the critically important and complex field of public sector labor law. Rockwell v Crestwood School Dist, 393 Mich 616, 629; 227 NW2d 736 (1975). The MERC is the sole state agency charged with the interpretation and enforcement of this highly specialized and politically sensitive field of law. Id., 630; MCL 423.216; MSA 17.455(16).
In the labor law arena, unions frequently seek information and materials from management that the union asserts is necessary to bargain collectively (regarding, for example, wages, overtime, and pensions). In the private sector, under the federal Labor Management Relations Act (LMRA), 29 USC 141 et seq., the National Labor Relations Board (NLR
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