Byrnes v. Mecosta-Osceola Intermediate School District
Byrnes v. Mecosta-Osceola Intermediate School District
Opinion of the Court
Mecosta-Osceola Intermediate School District appeals as of right from a decision and order of the Michigan Employment Relations Commission which rejected the decision and recommended order of a hearing referee, found that Linda Lee Byrnes was unlawfully discharged as the result of her union activity, and ordered that plaintiff be reinstated to her former position with back pay. Defendant argues that the commission’s decision was not supported by competent, material, and substantial evidence on the whole record as required by MCL 423.216(e); MSA 17.455(16)(e). Application of that standard requires this Court to conduct a qualitative and quantitative evaluation of all of the evidence and to determine whether it was such as a reasonable mind would accept as adequate to justify the conclusion reached. Em
Plaintiff has the burden of proving that her discharge was motivated at least in part by anti-union bias. Employment Relations Comm v Cafana Cleaners, Inc, 73 Mich App 752, 757; 252 NW2d 536 (1977); Jeanette v Stadium Management Co, 117 Mich App 240, 244; 323 NW2d 308 (1982). It is impossible that a discharge was motivated in part by antiunion bias where the employer had no knowledge of the employee’s union activity. NLRB v Century Broadcasting Corp, 419 F2d 771, 777-778 (CA 8, 1969); Jeanette, supra, p 243.
The evidence showed that the school district employed only nine full-time bus drivers, including plaintiff, and considerable reliance was placed on this fact by the commission in inferring that defendant knew of plaintiff’s union activities. However, the small size of an employer’s staff does not support an inference that an employer knew of union activities absent supporting evidence indicating that such activities were carried on at such a time or in such a manner that the employer must have noticed them. Amyx Industries, Inc v NLRB, 457 F2d 904, 907 (CA 8, 1972); Alumbaugh Coal Corp v NLRB, 635 F2d 1380, 1384 (CA 8, 1980). Nothing in the record here indicates that plaintiff’s union organizing activities were carried out on defendant’s premises or were otherwise conducted in such a way that defendant must have been aware of her involvement.
Evidence showed that the bus superintendent was informed of a union organization meeting on the day before the accident which led to plaintiff’s suspension, but was not informed of plaintiff’s participation. Evidence also showed that the bus foreman received a complaint, after plaintiff’s sus
Finally, we note that the commission relied upon what it termed the "suspicious coincidence” of the accident which led to plaintiffs suspension and the union organization meeting the previous night. Unless the commission is suggesting that the accident was somehow deliberately caused by
On this record, we cannot say that there was competent, material, and substantial evidence to support a conclusion that defendant knew of plaintiffs union activities before dismissing her.
Reversed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.