UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF MICHIGAN

SOUTHERN DIVISION

AFSCME COUNCIL 25 and its affiliated Locals

140, 180 and 3695,

Plaintiffs,

Case No. 14-13770

v. HON. AVERN COHN

THE DETROIT MEDICA

L CENTER, including

DETROIT RECEIVING HOSPITAL, UNIVERSITY

HEALTH CENTER, HARPER UNIVERSITY 

HOSPITAL, HUTZEL WOMEN’S HOSPITAL,

DMC SURGERY HOSPITAL, REHABILITATION

INSTITUTE OF MICHIGAN, and SINAI-GRACE 

HOSPITAL,

Defendants.

___________________________________________/

ORDER GRANTING DEFENDANT’S MOTION TO DISMISS PLAINTIFFS’ FIRST

AMENDED COMPLAINT OR REMAND TO THE ARBITRATOR (Doc. 37)

AND DISMISSING CASE WITHOUT PREJUDICE

This is a labor case. It began with the filing of a complaint by plaintiffs, AFSCME

Council 25 and its affiliated Locals 140, 180 and 3695 (collectively, the Union) against

defendants the Detroit Medical Center and various hospitals within the Detroit Medical

Center (collectively, the DMC). The Union protested the DMC’s decision to “outsource”

housekeeping bargaining unit positions with the DMC by entering an agreement with a

third-party, Sodexo, to perform the housekeeping functions. The proposed outsourcing,

according to the Union, would adversely impact approximately 300 housekeeping

employees. The Union filed suit seeking an injunction, commonly known as a reverse

2:14-cv-13770-AC-DRG Doc # 41 Filed 02/12/15 Pg 1 of 3 Pg ID 728
Boys' Markets ”1

 injunction. The Union sough to preserve the status quo pending

arbitration. The DMC agreed to preserve the status quo, i.e. not take any action with

respect to the housekeeping positions and Sodexo, pending arbitration. 

Following the DMC’s agreement to preserve the status quo, the dispute

proceeded to arbitration on a expedited basis. The Union prevailed. On November 20,

2014, the arbitrator concluded that the DMC’s proposed outsourcing violated the Joint

Operating Agreement between the Union and the DMC. The arbitrator also agreed to

“retain jurisdiction in the event there are questions with regard to the interpretation or

implementation of this award.”

On December 8, 2014, the Union filed a First Amended Complaint (Doc. 34). 

The Union describes the basis for seeking court intervention as follows:

The Plaintiffs are seeking injunctive relief to enforce an arbitration decision

and to prevent the DMC from entering into a contract with third parties without

requiring that they abide by the successorship provisions of the collective

bargaining agreement between [the Union and the DMC]. The issue arises out of

a decision by DMC to transfer the custodial operations of the DMC hospitals to a

third party, without requiring the successor employer to abide by the [Joint

Operating Agreement].

. . . [The Union asks] that the arbitrator’s opinion be confirmed.

(Doc. 34 at p. 2). 

Before the Court is the DMC’s motion to dismiss the Union’s First Amended

Complaint or to remand to the arbitrator. The DMC says that the First Amended

Complaint fails to raise plausible claims for relief because the DMC has complied with

the arbitration award and Sodexo has agreed to be bound by the Joint Operating

1

The Boys Markets v. Retail Clerks Union, 398 U.S. 235, 90 S.Ct. 1583, 26

L.Ed.2d 199 (1970)

2

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Agreement. Alternatively, the DMC says to the extent there is a viable dispute between

the parties, the matter should be brought before the arbitrator.

For the reasons stated on the record at the hearing on February 11, 2015, the

DMC’s motion to dismiss is GRANTED. This case is DISMISSED WITHOUT

PREJUDICE to the Union’s right to move to reinstate the case for good cause shown.

SO ORDERED.

 S/Avern Cohn 

AVERN COHN

UNITED STATES DISTRICT JUDGE

Dated: February 12, 2015

Detroit, MI

I hereby certify that a copy of the foregoing document was mailed to the attorneys of

record on this date, February 12, 2015, by electronic and/or ordinary mail.

S/Sakne Chami 

Case Manager, (313) 234-5160

3

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