Pontiac Fire Fighters Union Local 376 v. City of Pontiac
Pontiac Fire Fighters Union Local 376 v. City of Pontiac
Opinion of the Court
The issue in this case is whether the circuit court abused its discretion when it issued a prehminary injunction preventing defendant city of Pontiac from implementing its plan to reduce a budget shortfall by laying off members of plaintiff Pontiac Fire Fighters Union Local 376. We hold that the circuit court abused its discretion. Plaintiff failed to meet its burden of establishing that irreparable harm would result if the injunction did not issue, and even supposing plaintiff satisfied its initial burden, it failed to carry its burden in hght of defendant’s contrary proffered evidence. Accordingly, we reverse the Court of Appeals and vacate the circuit court order granting the prehminary injunction.
FACTS AND PROCEDURAL HISTORY
Plaintiff and defendant are parties to a collective bargaining agreement (CBA) that was in effect from June 1, 2002, to June 30, 2004. Although the parties did not agree to a new CBA when that agreement expired, the existing agreement continued to govern the parties’ relationship after June 30, 2004, because under its own terms the agreement was automatically extended until a new contract was negotiated or ordered.
On June 16, 2006, plaintiff filed a verified complaint in the Oakland Circuit Court seeking a preliminary injunction against defendant’s proposed layoffs pending the resolution of an unfair labor practice charge, collective bargaining, or interest arbitration.
In his affidavit, McAdams addressed many of plaintiffs allegations that the proposed layoffs threatened firefighter safety. The affidavit noted that the “great majority” of calls received by the fire department are medical runs rather than fire runs. McAdams contended that minimum staffing levels would be maintained at all times and that in the event staffing reached critically low levels, firefighters would only respond to fires and not medical runs, which would be handled by private ambulance services.
McAdams further averred that firefighter safety at the site of a fire would not be jeopardized by the layoffs. The department’s remaining 89 firefighters would continue to adhere to basic safety protocols such as the “incident command system”
In a written opinion issued on June 30, 2006, the circuit court granted the preliminary injunction after ruling that plaintiff satisfied the four traditional elements for injunctive relief.
may be irreparably harmed since a reduction in the workforce and the closing of several City fire stations would result in a significant increased risk of harm for the remaining firefighters. Fewer firefighters would be available to respond to fires and the closing of stations caused by the [layoff] would result in the firefighters having to cover*7 a larger territory. The remaining firefighters would thus not be able to respond as quickly as they used to[,] which means that they would be faced with fires that have increased in intensity or size and as a result are more dangerous.
Defendant appealed the circuit court’s order to the Court of Appeals, which upheld the preliminary injunction in a split, unpublished decision.
Defendant filed an application with this Court seeking leave to appeal, which we granted.
We review a trial court’s decision to grant injunctive relief for an abuse of discretion.
ANALYSIS
The Court of Appeals has succinctly stated that “ ‘[i]njunctive relief is an extraordinary remedy that issues only when justice requires, there is no adequate remedy at law, and there exists a real and imminent danger of irreparable injury.’ ”
MCR 3.310 governs the procedure for issuing a preliminary injunction. According to MCR 3.310(A)(1), unless otherwise provided by statute or court rule, an injunction may not be granted without a hearing. At this hearing, “the party seeking injunctive relief has the burden of establishing that a preliminary injunction should be issued ____”
With these general precepts in mind, we must consider whether the circuit court abused its discretion
In the second half of its irreparable-harm analysis, the circuit court found that the layoffs would deplete the number of available firefighters, which would increase the remaining firefighters’ workload and lengthen their response time, which in turn would require firefighters to fight larger, more intense, and more dangerous fires. Thus, firefighter safety would be jeopardized. To support this chain of logic, the circuit court appeared to adopt without reservation plaintiffs factual assertions.
In reaching this conclusion, we do not trivialize the dangers accompanying firefighting. However, because firefighting is a dangerous job, every managerial decision in the abstract might touch on a safety issue. A mere apprehension of reduced safety by the union is insufficient grounds for a court to grant equitable relief. Otherwise, the extraordinary nature of a preliminary injunction would be trivialized. Plaintiff bears the responsibility of submitting sufficiently persuasive evidence that particular, irreparable harm will result if an injunction does not issue.
Further, even if we assumed arguendo that plaintiff initially succeeded in demonstrating particularized, irreparable harm, it failed to carry its burden of proof in the face of contrary evidence submitted by defendant that specifically refuted plaintiffs allegations. For instance, in response to plaintiffs allegation that the number of firefighter personnel at a fire scene would be limited and reduced to unsafe levels, Fire Chief McAdams stated that the number of firefighters present at a fire would not be reduced by the layoffs and that the
In the face of this conflicting evidence that blunted the force of plaintiffs safety allegations, it behooved plaintiff to do more than rely on its initial factual allegations. Plaintiff did not do so. Thus, for this additional reason, it failed to carry its burden of demonstrating irreparable harm under MCR 3.310(A).
We are not second-guessing the circuit court’s discretion to substitute the outcome we prefer. For reasons that are unclear, the circuit court in its written opinion
Reversed; preliminary injunction vacated.
Article VII, Section 12 of the CBA provided: “This Agreement shall remain in full force and effect from July 1, 2002 through June 30, 2004, and it shall he extended automatically thereafter on a daily basis until a new contract is negotiated or ordered.”
Plaintiff relied on Article EX, Section 7.D.4 of the CBA, which provided in pertinent part that “[djuring the duration of the Agreement, there will be no layoff of bargaining unit personnel....” Defendant relied on other portions of the CBA that seemed to presume that defendant could lay off union members. For instance, Article EX, Section 9 set forth advance notice requirements for layoffs such as “[i]f workers are to be laid off, a fourteen (14) day notice shall be given of the date when their services shall no longer be required.”
The complaint alleged four counts: (1) breach of the CBA; (2) unfair labor practice for failure to bargain under the public employment relations act (PERA); (3) city charter violation; and (4) health and safety violation.
According to the affidavit, the incident command system prohibits a firefighter from entering a burning structure unless, after a careful assessment of the fire, an incident commander permits entry.
According to the affidavit, under this rule, a firefighter cannot enter a structure that is on fire without being accompanied by another firefighter and two firefighters remain stationed outside the structure.
In Michigan Coalition of State Employees Unions v Civil Service Comm, 465 Mich 212, 225 n 11; 634 NW2d 692 (2001), this Court noted that besides the demonstration of irreparable harm, the three additional factors in a preliminary injunction analysis are (1) whether harm to the applicant absent such an injunction outweighs the harm it would cause to the adverse party, (2) the strength of the moving party’s showing that it is likely to prevail on the merits, and (3) harm to the public interest if an injunction is issued.
With respect to these three remaining factors, the circuit court in the present case concluded (1) that the balance of harm favored plaintiff notwithstanding defendant’s financial difficulties, (2) that plaintiff demonstrated a substantial likelihood of success on the merits, and (3) that the public faced less harm if the injunction issued than if it did not.
Pontiac Fire Fighters Union Local 376 v City of Pontiac, unpublished opinion per curiam of the Court of Appeals, issued November 30, 2006 (Docket No. 271497).
478 Mich 903 (2007). The grant order asked the parties to address
(1) whether the circuit court had jurisdiction to grant a preliminary injunction with respect to the breach of contract claim (count 1) 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;*8 and (c) whether the plaintiff is likely to prevail on its breach of contract and unfair labor practice claims.
With respect to the first question in our grant order, we agree with the parties that the trial court has jurisdiction to issue an injunction in aid of MERC’s jurisdiction to decide unfair labor practice charges. MCL 423.216(h).
Michigan Coalition, 465 Mich at 217.
Maldonado v Ford Motor Co, 476 Mich 372, 388; 719 NW2d 809 (2006).
Kernen v Homestead Dev Co, 232 Mich App 503, 509; 591 NW2d 369 (1998), quoting Jeffrey v Clinton Twp, 195 Mich App 260, 263-264; 489 NW2d 211 (1992).
Holland School Dist v Holland Ed Ass’n, 380 Mich 314, 326; 157 NW2d 206 (1968).
Michigan Coalition, 465 Mich at 225-226.
Fenestra Inc v Gulf American Land Corp, 377 Mich 565, 601-602; 141 NW2d 36 (1966); Dunlap v City of Southfield, 54 Mich App 398, 403; 221 NW2d 237 (1974) (“[l]t is well settled that an injunction will not lie upon the mere apprehension of future injury or where the threatened injury is speculative or conjectural.”). See also Royal Oak School Dist v State Tenure Comm, 367 Mich 689, 693; 117 NW2d 181 (1962) (injunctive relief inappropriate where there is no proof that the party would suffer irreparable injury).
Grand Rapids Electric R Co v Calhoun Circuit Judge, 156 Mich 419, 422; 120 NW 1004 (1909).
MCR 3.310(A)(4).
MCR 3.310(A)(5).
See, e.g., MCL 423.216(b).
Thermatool Corp v Borzym, 227 Mich App 366, 377; 575 NW2d 334 (1998). Plaintiff relies on this Court’s dictum in Michigan State Employees Ass’n v Dep’t of Mental Health, 421 Mich 152, 168; 365 NW2d 93 (1984), that “[w]e do not hold that the absence of usable resources and of obtainable alternative sources of income with which to support one’s self and one’s dependents, coupled with the prospect of destitution, serious physical harm, or loss of irreplaceable treasured possessions, could never support a finding of irreparable injury in aui appropriate case.” We doubt whether the Michigan State Employees Ass’n Court was correct that this is an adequate basis to support a finding of irreparable injury, but, in any event, the record in this case does not support plaintiffs reliance on it.
The trial court ruled, and the Court of Appeals majority agreed, that plaintiff demonstrated a likelihood of success on the merits of its underlying claims. Because plaintiff failed to prove that it would suffer irreparable harm from the layoffs, we take no position on whether plaintiffs could successfully prove a breach of the CBA or an unfair labor practice.
Dissenting Opinion
(dissenting). I disagree with the majority’s conclusion that the Pontiac Fire Fighters Union failed to meet its burden of showing that the proposed layoff of 28 firefighters would cause irreparable harm to the remaining firefighters.
The union alleged in counts 9, 24, and 25 of the verified complaint that the layoffs would affect firefighter safety:
9. Plaintiff is informed and believes that if the unilateral layoff decision is implemented, the Pontiac Fire Department will undergo substantial adverse reorganization which will include the closing of fire stations, the reduction of staffing on fire apparatus, the elimination of EMS-ALS rescue units, the realignment and expansion of fire territories, the elimination of mutual aid participation for hazardous materials and technical rescue responses, and other unilateral changes many of which will constitute violations of the Agreement in such matters as staffing, reduction of personnel on vacation, and use of Kelly days.
24. The layoff of 28 fire fighters and fire fighter paramedics will reduce the fire extinguishment and medical/rescue capability of the Fire Department to unacceptable levels posing a threat and hazard to fire fighters and citizens alike.
25. The .reorganization of the Fire Department, the substantial reduction of personnel, and the closing of fire stations will increase response time to a fire scene and/or medical/rescue run. Increased response time of emergency*15 equipment poses a hazard to responding fire fighters and citizens on the route. As a consequence of delay in responding to a fire scene, the fire escalates making extinguishment more difficult and increasing the danger to fire fighters and possibly occupants of a dwelling. The number of personnel at a fire scene will be limited and reduced to unsafe levels.
The city countered these allegations with an affidavit from Fire Chief Wilburt McAdams, which stated in relevant part:
2. That the great majority of calls to which the department responds are medical runs.
3. That the department will continue to maintain minimum staffing levels. In the event the department is at the minimum level of seventeen firefighters on a given day, private ambulance services will be used to respond to medical runs, and the City’s firefighters will be used solely for fighting fires.
4. That, even after the layoff of the 28 firefighters, the department will have 89 firefighters, and will continue to operate utilizing both an incident command system and the “two in two out” rule which forbids any firefighter from entering a structure fire unless he/she is accompanied by another firefighter and there are two firefighters outside the structure. In addition, the department will continue to assign a safety officer to each fire. The number of firefighters at a fire scene will not be impacted.
5. Using the incident command system, firefighters will not enter a burning structure until there has been a careful assessment of the fire and the incident commander allows entry.
4. [sic] That, in addition, the department will continue to be in compliance with all applicable departmental rules and regulations of the City of Pontiac and State of Michigan, including all OSHA regulations. The statements of the NFPA are not binding rules and have not been adopted in Michigan.
*16 5. [sic] The number of firefighters per rig will actually increase from 3-4 currently to 4 for all engines. In addition, the department will continue to participate in mutual aid, under which firefighters from other departments .. . can be called for assistance if needed.
The union’s complaint alleged both that fewer firefighters would be available to fight fires and that their response time would be increased. The fire chief averred that the number of firefighters available to fight fires would remain the same, and so would the safety rules. However, the fire chief did not offer a solution to the problem of increased response time. Nor did he explain how existing safety rules would protect the firefighters who would confront more intense fires.
The circuit court issued a preliminary injunction specifically on the basis of the union’s allegation that the closing of fire stations would affect the remaining fire stations’ response time:
. . . Plaintiff may be irreparably harmed since a reduction in the workforce and the closing of several City fire stations would result in a significant increased risk of harm for the remaining firefighters. Fewer fire fighters [sic] would be available to respond to fires and the closing of stations caused by the lay off would result in the firefighters having to cover a larger territory. The remaining firefighters would thus not be able to respond as quickly as they used to which means that they would be faced with fires that have increased in intensity or size and as a result are more dangerous.
The majority faults the circuit court for not considering the fire chiefs affidavit, and it faults the union for not offering additional evidence in response to the affidavit. At the show-cause hearing, the union did offer to present additional testimony and diagrams of the
The circuit court did not abuse its discretion in concluding that irreparable harm to the remaining firefighters called for injunctive relief.
The union had filed an unfair labor practice charge against defendant with the Michigan Employment Relations Commission (MERC). It requested an injunction from the circuit court “pending resolution of the parties’ dispute by MERC.” It also asked for and received from the court an injunction to maintain the status quo pending compulsory arbitration under Act 312, MCL 423.231 et seq. But no Act 312 arbitration was actually pending when the circuit court issued the injunction. The injunction was properly issued in aid of MERC’s jurisdiction over the unfair labor practice charge.
MCR 3.310(A)(4) states that “[a]t the hearing on an order to show cause why a preliminary injunction should not issue, the party seeking injunctive relief has the burden of establishing that a preliminary injunction should be issued .. ..”
In deciding not to take testimony, the circuit court followed Campau v McMath, 185 Mich App 724, 728; 463 NW2d 186 (1990). In that and other cases, the Court of Appeals held that an evidentiary hearing was not required for issuing an injunction. See also Fancy v Egrin, 177 Mich App 714, 722; 442 NW2d 765 (1989).
The court additionally concluded that the union was likely to succeed on the merits because the parties’ contract clearly prohibited layoffs and was in effect until a new contract was negotiated. The city could not use financial hardship as an excuse to violate the contract it had negotiated with the union. The Court of Appeals affirmed this conclusion.
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