1. Is a public school employee who is found to have violated 1947 PA 336, guilty of a misdemeanor and subject to the punishment prescribed pursuant to 1931 PA 328?

2. Can a school board member be charged with a criminal offense for discharging a tenured teacher who strikes if the school board does not follow the procedure provided in 1937 PA Ex Sess 4?

'Notwithstanding the provisions of any other law, any person holding such position who, by concerted action with others, and without the lawful approval of his superior, wilfully absents himself from his position . . . for the purpose of inducing, influencing or coercing a change in the conditions or compensation . . . of employment shall be deemed to be on strike . . . but the person, upon request, shall be entitled to a determination as to whether he did violate the provisions of this act. . . . If the employee involved is held to have violated this law and his employment terminated or other discipline imposed, he shall have the right of review to the circuit court having jurisdiction of the parties . . .' (emphasis added)

'Section 6 of the PERA empowers the officer or body generally having disciplinary authority over an employee to terminate the employment of or impose other discipline on an employee who strikes in violation of the PERA . . .'

'Thus, it requires little extrapolation to ascertain the Legislature's intent in enacting the PERA. The Legislature intended to proscribe strikes by public employees and to prescribe the means of enforcement and penalties for such strikes.' (Footnote Omitted) Lamphere Schools, supra, 400 Mich 104, 111; 252 NW2d 818, 821.

'When the performance of any act is prohibited by this or any other statute, and no penalty for the violation of such statute is imposed, either in the same section containing such prohibition, or in any other section or statute, the doing of such act shall be deemed a misdemeanor.' (Emphasis added.)

'. . . But the foregoing emphasized language of Sec. 6 of the PERA reflects legislative intent that the statutorily permitted discipline--discharge should be the unitary and exclusive remedies available to public employers in dealing with illegal strikes by public employees in violation of the PERA's Sec. 2 strike prohibition.' (Footnote Omitted) 400 Mich 104, 114; 252 NW2d 818, 822.

'. . . [T]he Legislature's flat-out elimination of Sec. 8 bespeaks a conscious legislative intent to nullify even the remotest possibility of such actions, criminal or civil.

'Hence, it once more becomes evident that our Legislature was not only concerned with specifying labor management obligations in the PERA, but was pre-eminently concerned with providing the exclusive sanctions for any violations of those obligations.' (emphasis added) 400 Mich 104, 117; 252 NW2d 818, 824.

'Discharge or demotion of a teacher on continuing tenure may be made only for reasonable and just cause, and only after such charges, notice, hearing, and determination thereof, as are hereinafter provided . . .' 1937 PA Ex Sess 4, supra, art 4, Sec. 1.

'Failure of any member of a controlling board to comply with provisions of this act shall be deemed a violation of the law and shall subject said member to the same penalty as prescribed for a violation of the general school law.' 1937 PA Ex Sess 4, supra, art 9, Sec. 1.

'. . . [b]ut to the extent there is conflict--and manifestly there is conflict as the teachers' tenure act provides that discipline may be imposed only after charges, notice, hearing and determination, while the PERA contemplates imposition of discipline before a determination of whether the act has been violated and provides for a hearing only on request of the employee after the imposition of discipline--the PERA is to govern '[n]otwithstanding the provisions of any other law". (emphasis added) 393 Mich 616, 628, 629; 227 NW2d 736, 741.

'This construction of the two acts will not enable MERC to circumvent, at the request of school boards, the protection provided tenured teachers by the teachers' tenure act. If the school board claims that a teacher was discharged for striking, the appeal is to the circuit court, not to MERC. If the school board claims that the teacher was discharged for a reason other than striking, MERC's jurisdiction is invoked only if the teacher claims he was discharged for activity protected under the PERA and the teacher himself files an unfair labor practice charge with the MERC; such a charge would not preclude the teacher from also defending against the discharge at a teachers' tenure act hearing on the ground it was not supported by reasonable and just cause.' 393 Mich 616, 632, 633; 227 NW2d 736, 743.