Order Michigan Supreme Court
Lansing, Michigan
June 15, 2007 Clifford W. Taylor,
Chief Justice
Michael F. Cavanagh
132916 & (49) Elizabeth A. Weaver
Marilyn Kelly
Maura D. Corrigan
Robert P. Young, Jr.
Stephen J. Markman,
PONTIAC FIRE FIGHTERS UNION LOCAL Justices
376,
Plaintiff-Appellee,
v SC: 132916
COA: 271497
Oakland CC: 2006-075367-CL
CITY OF PONTIAC,
Defendant-Appellant.
_________________________________________/
On order of the Court, the motion for immediate consideration is GRANTED.
The application for leave to appeal the November 30, 2006 judgment of the Court of
Appeals is considered, and it is GRANTED. The parties shall include among the issues
to be briefed: (1) whether the circuit court had jurisdiction to grant a preliminary
injunction with respect to the breach of contract claim (Count I) and the unfair labor
practice claim (Count II), and (2) if the circuit court had jurisdiction: (a) whether it
abused its discretion in issuing an injunction to prevent layoffs based on alleged
irreparable harm to the laid-off employees; (b) whether the plaintiff presented sufficient
evidence to support its claim of an increased risk of harm to the firefighters who would
not be laid off; and (c) whether the plaintiff is likely to prevail on its breach of contract
and unfair labor practice claims.
The Michigan Municipal League, the Michigan Association of Counties, Michigan
AFSCME Council 25, and the Michigan State AFL-CIO are invited to file briefs amicus
curiae. Other persons or groups interested in the determination of the issues presented in
this case may move the Court for permission to file briefs amicus curiae.
I, Corbin R. Davis, Clerk of the Michigan Supreme Court, certify that the
foregoing is a true and complete copy of the order entered at the direction of the Court.
June 15, 2007 _________________________________________
d0612 Clerk