Order Michigan Supreme Court
Lansing, Michigan
February 6, 2013 Robert P. Young, Jr.,
Chief Justice
Michael F. Cavanagh
Stephen J. Markman
145631-2 Mary Beth Kelly
Brian K. Zahra
Bridget M. McCormack,
Justices
ANTHONY HENRY and KEITH WHITE,
Plaintiffs-Appellees,
v SC: 145631
COA: 302373
Wayne CC: 10-000384-CD
LABORERS LOCAL 1191, d/b/a ROAD
CONSTRUCTION LABORERS OF
MICHIGAN LOCAL 1191 and MICHAEL
AARON,
Defendants-Appellants,
and
BRUCE RUEDISUELI,
Defendant.
_________________________________________/
MICHAEL RAMSEY and GLENN DOWDY,
Plaintiffs-Appellees,
v SC: 145632
COA: 302710
Wayne CC: 10-004708-CD
LABORERS LOCAL 1191, d/b/a ROAD
CONSTRUCTION LABORERS OF
MICHIGAN LOCAL 1191 and MICHAEL
AARON,
Defendants-Appellants,
and
BRUCE RUEDISUELI,
Defendant.
_________________________________________/
On order of the Court, the application for leave to appeal the July 3, 2012
judgment of the Court of Appeals is considered, and it is GRANTED. The parties shall
2
include among the issues to be briefed: (1) whether, regardless of the public body
involved, the National Labor Relations Act (NLRA), 29 USC 151 et seq., or the Labor
Management Reporting and Disclosure Act (LMRDA), 29 USC 401 et seq., preempt
Michigan’s Whistleblower Protection Act (WPA), MCL 15.361 et seq., if the challenged
conduct actually or arguably falls within the jurisdiction of the NLRA or the LMRDA;
(2) whether a union employee’s report to a public body of suspected illegal activity or
participation in an investigation thereof is of only peripheral concern to the NLRA or the
LMRDA so that the employee’s claims under the WPA are not preempted by federal law;
and, (3) whether the state’s interest in enforcing the WPA is so deeply rooted that, in the
absence of compelling congressional direction, courts cannot infer that Congress has
deprived the state of the power to act.
The Attorney General and the Labor and Employment Law Section of the State
Bar of Michigan 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.
February 6, 2013 _________________________________________
s0130 Clerk