from same pending negotiations, and to furnish requested information with respect thereto."
On June 7, 1976, counsel for both parties appeared before MERC Administrative Law Judge (hereinafter ALJ) Kurtz, Detroit Fire Dep't, 1977 MERC Lab Op 267, 280. At the outset of that hearing, counsel for the city admitted all factual allegations, except the refusal to furnish information allegation, of the association's charge. The city then moved for pre-arbitral deferral of MERC's "jurisdiction in this matter to the contractual grievance procedure which includes binding arbitration" inasmuch as "a clearly contractual dispute" was at issue. After argument between counsel on the record, albeit without the benefit of testimony, ALJ Kurtz granted the city's motion to defer the matter to the contractual grievance-arbitration procedure contained in the parties' collective bargaining agreement.
Atthe Casselman arbitration award, the association charged the city with an intent to promote roughly one-third of those fire fighters on the basis of racial, rather than seniority, considerations in violation of Article 10E of the parties' agreement and filed § 10 unfair labor practice charges, alleging that the city was engaging in unilateral changes in promotional standards. These charges were determined to be meritorious. Detroit Fire Dep't, 1976 MERC Lab Op 652, enforced (Mich App, Docket No. 77-1460, September 13, 1977).

On February 23, 1976, Judge John D. O'Hair of the Wayne County Circuit Court issued a preliminary injunction ordering the city to comply with the Casselman arbitration award. Pursuant to Judge O'Hair's order, Fire Commissioner Jefferson issued two bulletins effectuating the award. Appeals by the city from