Walkling v. Smith

4 Citing cases

  1. McManus v. Genessee County Road Comn

    30 N.W.2d 387 (Mich. 1948)   Cited 1 times

    In November, 1946, plaintiffs were dismissed from employment, the announced reasons being that they were temporarily employed, and that the change of season made it necessary to lay off help. The instant case is controlled by Walkling v. Smith, 276 Mich. 193. In that case Walking, an exservice man, was employed by the Michigan public utilities commission.

  2. Jackson v. Detroit Police Chief

    201 Mich. App. 173 (Mich. Ct. App. 1993)   Cited 8 times

    Furthermore, the VPA is not violated by discharge from public employment designated as temporary in authorization and appointment, because the VPA does not prolong employment beyond the public need. See Walkling v Smith, 276 Mich. 193, 199-200; 267 N.W. 616 (1936). Defendant argues that plaintiff is a temporary employee because police commanders serve at the pleasure of the police chief.

  3. Kunzig v. Liquor Control Commission

    327 Mich. 474 (Mich. 1950)   Cited 8 times

    (Of interest in this connection is Michigan Mutual Liability Co. v. Baker, 295 Mich. 237.) For cases in which this Court has taken cognizance of the presence or absence of bad faith, fraud or subterfuge as a means of defeating the veteran's preference or civil service rights of an employee and in which we have indicated the same to be a factor in the determination of the extent of such rights in connection with the abolishment of a position see Slavin v. City of Detroit, 262 Mich. 173; Walkling v. Smith, 276 Mich. 193; Fricke v. City of Grand Rapids, supra; Clark v. Detroit Police Commissioner, 299 Mich. 78; Smith v. Flint City Commission, 258 Mich. 698; Swantush v. City of Detroit, 257 Mich. 389. Employees affected by abolishments of positions have recourse to the courts for the purpose of trying the good faith thereof. There are indications in the record that it was plaintiff's position before the intervenor that the abolishment of the position of business manager was not bona fide or in good faith.

  4. Cremer v. Alger County Rd. Com'rs

    37 N.W.2d 699 (Mich. 1949)   Cited 3 times

    * * * As we see his preference, it is that he can stay with this department (the maintenance crew), but his duties in connection with this department are to be prescribed by defendant." Defendant's contention in this particular is contrary to our decision in Walkling v. Smith, 276 Mich. 193, which was heard by 5 justices; and in the opinion signed by 4 it was said: "The veterans' act does not regulate terms of employment but relates to the status as established." This quoted expression was literally repeated by us in McManus v. Genesee County Road Commission, 319 Mich. 653, 659. As noted above, for a period of more than 11 years plaintiff was permanently employed as one of defendant's maintenance foremen.