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Michigan Employment Relations Commission v. Detroit Symphony Orchestra

393 Mich. 116, 223 N.W.2d 283 (1974)

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Michigan Employment Relations Commission v. Detroit Symphony Orchestra

Michigan Supreme Court

393 Mich. 116, 223 N.W.2d 283 (1974)

Facts

Allen Chase (plaintiff) was a trombonist employed with the Detroit Symphony Orchestra (the symphony) (defendant). Chase was also a member of a union that oversaw employment contracts between musicians and the symphony. Chase attempted to renegotiate his pay with the manager of the symphony. Chase declined the offer extended, and the symphony subsequently auditioned for a new trombonist. Chase reapplied for the position but was ultimately not given the job. Chase brought a claim through the Michigan Employment Relations Commissions Board (MERC) (plaintiff), alleging that the symphony’s actions in not hiring him were discriminatory and due to an antiunion animus. At an evidentiary hearing, a trial examiner found that there was not sufficient evidence to establish discrimination and recommended dismissal of the charge against the symphony. MERC disagreed with the findings and found that the symphony had acted discriminatorily. On appeal, the Michigan Court of Appeals concluded that MERC’s findings were not supported by substantial evidence and declined to enforce the order of the MERC board.

Rule of Law

Issue

Holding and Reasoning (Fitzgerald, J.)

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