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The Michigan Association of Police won another victory in the Michigan Court of Appeals. The case was the Township of Clay vs. Herman Montville and the Michigan Association of Police. The three judge panel included Judges Michael R. Smolenski, Helene White and Kristen Frank Kelly. The court upheld the arbitration award reinstating Corporal Montville to his position as a command officer in Clay Township. The Court noted "The arbitrator believed that it was unreasonable to demote Corporal Montville because both events were when Corporal Montville was working under the presumption that the policy in questions was not always strictly enforced, and the second incident could have been prevented if Chief Eder had taken more immediate action to ensure that the order was being enforced. Although there was no question that Corporal Montville was guilty of some infraction, it was within the scope of the arbitrator's authority to determine that the infraction did not amount to just cause for demotion and instead imposed some less severe penalty..." MAP won the arbitration case involved in the demotion and again at the Circuit Court in St. Clair County when the employer tried to vacate the arbitration award. MAP is 3 for 3. Now the Employer is seeking leave to appeal to the Michigan Supreme Court. While it would be a surprise if the Michigan Supreme Court decided to take the case, MAP is nonetheless concerned since it will take approximately six to nine months from the time MAP filed its response to the employer application to the Supreme Court before we learn whether the Court will decide whether it will hear the case. Meanwhile, the Employer has declined to comply with the decision of the Court of Appeals. Corporal Montville is owed back pay for the period he was improperly demoted. Once the Supreme Court issued its decision on whether to take the case, MAP will process the collection of Corporal Montville's back pay. MAP is known for standing behind its members. You may remember the 9-year battle with Henry Ford Hospital. In the end MAP prevailed. We expect the same result in the Clay Township case. |
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