Dearborn Fire Fighters Union Local No 412, IAFF v. City of Dearborn

O’Hara, J.

(concurring except as to remand). Judge Bronson and I agree with Judge Brennan in all respects except as to the necessity for further arbitrational proceedings.

The failure of the city to designate a member of the arbitration panel, does not affect the panel’s jurisdiction. Jurisdiction stems from the legislative grant over the subject matter. Whatever the effect of the presence or absence of the kind panel member might have been, it was the city’s doing that there were only two. Neither the city nor the union, were the situation reversed, can vitiate the arbitration procedure simply by inaction.

It would be quixotic, to say the least, were we to accept the city’s contention that because it refused to designate a panel member it can now compel the union to go through arbitration proceedings all over again.

Affirmed.

Bronson, J., concurred.