Judge tosses suit against Kent schools

GRAND RAPIDS, Mich. (WOOD) - A judge has dismissed a lawsuit filed against 10 Kent County school districts and their unions over their contracts.

Five plantiffs recruited by the Mackinac Center for Public Policy sued the school systems , alleging they illegally agreed not to privatize unionized services.

The districts said they knew that part of the contract couldn't be enforced but said it was included as an acknowledgment of the sacrifice of employees.

Judge James Redford stated in his opinion his ruling is not an approval of the policy. He said he is concerned it was even included in the collective bargaining agreements.

However, Judge Redford dismissed the case for several reasons.

Redford said the plaintiffs lacked standing to sue the district over the agreement. He also said the Circuit Court cannot decide the merits of the case, because the law "gives the Michigan Employment Relations Commission (MERC), not the courts, exclusive jurisdiction over allegations of unfair labor practices."

Redford also noted there is a six-month statute of limitations to contest a labor agreement. The lawsuit was filed nine months after the agreement was reached.

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J udge Redford's decision (pdf)