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Commission Decisions issued August 2004

Name
Subject Matter
Date Issued
Case Number
Lake Erie Transportation Commission -and- Jack A. Fleeman Unfair Labor Practice Not Found - Charging Party Did Not Establish Prima Facie Case of Discrimination; Charging Party Failed to Show Hostility Towards Charging Party's Protected Rights; Charging Party Terminated Due to Long History of Tardiness.


8/09/04
(20 day order)

C02 L-259
Village of Holly
-and- Teamsters Local 214
Unfair Labor Practice Not Found - Failure to State a Claim Upon Which Relief Can be Granted; Employer Under No Contractual Obligation to Pay Retiree's Health Benefits; Retirees Are Not Considered Employees; Retiree Benefits are Permissive Subjects of Bargaining; Employer's Conduct Did Not Transform Issue Into a Mandatory Subject of Bargaining; No Past Practice of Paying Retiree's Health Benefits Created.

8/09/04
(20 day order)
C02 G-168
Troy Educational Support Personnel Association,
-and- Michigan Education Association, -and- Kenneth Farhat
Unfair Labor Practice Not Found - Union Advised Charging Party to Accept Settlement Offer; Charging Party Did Not Cooperate With Union; Union's Conduct Within the Range of Reasonableness.


8/09/04
(20 day order)

CU02 D-019 & CU02 D-020
Detroit Public Schools
-and- LaShunda R. Huffman

Unfair Labor Practice Not Found - Employer Not Found to Have Denied Charging Party Opportunity to Have Union Steward Present During Investigatory Interview; Charging Party's is Testimony No More Credible than that of Respondent's Witness; Charging Party Failed to Call Corroborative Witness.


8/09/04
(20 day order)
C03 F-138
Charter Township of Flint
-and- Teamsters Local 214
Unfair Labor Practice Not Found in Case No. C03 D-081 - Employer Did Not Breach Duty to Bargain by Refusing to Bargain Over Filling Unit Vacancies; Bargaining Ends Once Contract is Reached; Employer Has Right to Reject Request to Bargain Over a Midterm Contract Modification; Clause in Contract Allowing Parties to Bargain Before Contract Expired Does Not Require Bargaining.
Unfair Labor Practice Found in Case No. C03 F-134 - Employer Violated PERA by Insisting on Tape Recording Grievance Meeting; Employer Cannot Insist Impasse on Recording Grievance Meetings Because it is a Permissive Subject of Bargaining; Recording Grievance Meetings May Have Chilling Effect on Willingness of Parties to Express Themselves.


8/09/04
(20 day order)

C03 D-081 & C03 F-134
City of Detroit,
-and- Teamsters Local 214,
-and- Gregory K. Allen
Unfair Labor Practice Not Found - Charges Fail to State a Claim Upon Which Relief Can Be Granted; Union Did Not Breach Its Duty of Fair Representation; When Employer and Union Agree on Interpretation of a Contract, Their Interpretation Governs; Charge Against Union Untimely; Charging Party Knew or Should Have Known Date Union Would Not Advance His Grievance to Arbitration.

8/09/04

C02 L-271 & CU02 L-067
Washtenaw Community Mental Health,
-and- American Federation of State, County and Municipal Employees Council 25,
-and- Michael Schils
Unfair Labor Practice Not Found - Charge Against Employer Untimely; Statute of Limitations is Calculated From Date Charges Are Properly Filed With Commission; Charges Against Union Also Untimely; When Union Fails to Act on a Member's Behalf, Statute of Limitations Begins When Charging Party Knew or Should Have Reasonably Known the Union Would Not Act on His Behalf; The Commission is Not the Proper Forum to Argue Arbitrators Decisions.


8/06/04

C03 C-061 & CU03 C-017
Village of Ortonville
-and- Teamsters Local 214
Decision and Direction of Election - DPW Supervisor Does Not Possess the Requisite Supervisory Authority to be Excluded from Nonsupervisory Bargaining Unit; Supervisor Spends Bulk of His Time Doing the Same Duties as Laborers; Directing Routine Tasks and Duties Does Not Demonstrate Supervisory Authority; Supervisor's Disciplinary Authority is Limited; All Effective Personnel Decisions are Made by Higher Management.


8/06/04

R03 D-76
City of Detroit,
-and- Association of Municipal Engineers (AME)

Unfair Labor Practice Not Found - No Violation of Duty to Bargain; Alleged Breach of Contract Not An Unfair Labor Practice Unless Respondent Has Repudiated the Collective Bargaining Agreement; Respondent Did Not Repudiate Parties' Memorandum of Understanding.


8/06/04

C03 A-015
River Rouge School District
-and- American Federation of State, County, and Municipal Employees, Council 25
Unfair Labor Practice Not Found - Employer Did Not Place Employee on Administrative Leave and Require Him to Attend Anger Management Courses Because of His Protected Activity; No Evidence of Anti-Union Animus Exists; Employee's Mental Health Deteriorated; Employer Would Have Made the Same Decision Despite the Protected Activity; No Evidence Exists that the Employer Placed the Employee on Administrative Leave to Deprive the Union of an Experienced Negotiator.

8/03/04
(20 day order)

C02 B-034

Michigan State Government
Department of Energy, Labor & Economic Growth
Bureau of Employment Relations

This page last updated 09/14/04

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