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Michigan Education Association v. Christian Brothers Institute of Michigan8/16/2005
FOR PUBLICATION
MERC MERC No. 03-000088
Before: Schuette, P.J., and Sawyer and O'Connell, JJ.
Respondent appeals as of right a decision and direction of election issued on May 26, 2004, by the Michigan Employment Relations Commission (MERC) granting petitioner the right to hold an election among respondent's teaching staff to determine whether petitioner would serve as their collective bargaining representative. MERC's orders are vacated and all the claims in the petition are dismissed.
I. FACTS
Respondent is a Roman Catholic high school for boys, "sponsored by the Congregation of Christian brothers." While respondent is ultimately owned by the Catholic Church, the Archdiocese of Detroit does not provide financial support to the school. Respondent and its faculty follow the teachings of Brother Edmund Rice with the primary goals and focus of a Christian Brothers education having been distilled in the Essential Elements of a Christian Brothers Education. Faculty of respondent are expected to initiate and end class with a prayer and integrate into the curriculum the teachings of Brother Edmund Rice and "good Christian attitudes." A daily religion class is part of the curriculum, and all students are required to attend, along with periodic school-wide liturgies. While not all students attending respondent are Catholic, they are expected to attend, if not participate in, ongoing religious instruction. Respondent's faculty is primarily comprised of lay teachers, not all of whom are Catholic or Christian. Faculty members are responsible to promote and identify "opportunities to encourage faith-building." Members of the Congregation of Christian Brothers are lay individuals and not ordained as priests, but the Congregation is deemed a "religious organization." The members are described as living "a consecrated life," taking "vows of poverty, chastity and obedience."
Prior to initiation of this lawsuit, respondent's lay faculty participated in an "informal association" for contract and labor negotiations. Petitioner filed a petition for election, seeking permission to have petitioner certified as the lay faculty's exclusive bargaining representative. On July 22, 2003, an administrative hearing was conducted before an Administrative Law Judge in order to "prepare a full factual record." Following stipulation by the parties that the bargaining unit was comprised of all full-time and part-time teachers, excluding administrative staff, respondent objected that using Michigan's labor mediation act (LMA), MCL 423.1 et seq., to regulate labor relations for a religious organization is restricted by the First Amendment of the United States Constitution and Art. 1, § 4, of the Michigan Constitution.
Following a review of the record, the parties' respective briefs, and the exhibits, the MERC issued a decision and direction of election. The MERC determined that, pursuant to § 28 of the LMA, respondent's identified faculty "will vote on whether or not they wish to be represented for the purposes of collective bargaining by the Michigan Education Association." We granted a stay of the election and immediate consideration of the appeal.
II. STANDARD OF REVIEW
We will set aside a legal ruling by the MERC if it runs afoul of the law or is otherwise tainted by a serious legal error. Gogebic Community College Michigan Ed Support Personnel Ass'n v Gogebic Community College, 246 Mich App 342, 349; 632 NW2d 517 (2001). Legal rulings by the MERC "'are afforded a lesser degree of deference' because review of legal questions remains de novo, even in MERC cases." St Clair Co Ed Ass'n v St Clair Co Intermediate School Dist, 245
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