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Commission Decisions issued February 2004

Name
Subject Matter
Date Issued
Case Number
Riverview Community Schools
-and- Riverview Education Association, -and- Riverview Administrative Cabinet
Motion for Reconsideration Denied; Arguments Raised on Reconsideration were Similar to Arguments Rejected in Original Decision. Half Time Athletic Coordinator Not a Supervisor Under PERA; Authority of Athletic Coordinator to Effectively Recommend Termination is Limited Given Independent Review by Principal or Superintendent.


2/24/04

UC99 J-038
Lake Superior State University
-and- Lake Superior State University Educational Support Personnel, MEA/NEA
Unit Clarification Petition Granted - Newly Created Position of Administrative Assistant to the Athletic Department Performs Virtually Same Duties as Employee's Prior Position of Special Clerk III to the Athletic Department; Position Shares Community of Interest With Bargaining Unit; Limited Authority Over Another Employee Insufficient to Establish Supervisory Status Where Authority Would Not Be Accepted Without Independent Investigation and Review

2/24/04
UC02 E-016
Eastern Michigan University
-and- American Association of University Professors, Eastern Michigan University Chapter
Unfair Labor Practice Not Found - Employer Did Not Repudiate Collective Bargaining Agreement when it Terminated Employee; Parties Did Not Reach a Complete Agreement Regarding the Last Change Agreement; Parties had Bona Fide Dispute Over Interpretation of the Contact.

2/17/04
(20 Day Order)
C02 G-162
Eastern Michigan University
-and- American Association of University Professors, Eastern Michigan University Chapter
Unfair Labor Practice Not Found - Replacing Full-Time Faculty with Lecturers Did Not Constitute a Violation of Employer's Duty to Bargain in Good Faith; Parties Already Bargained Over Issue; Parties had Bona Fide Dispute over Interpretation of Contact Provision; Union Must Enforce Provision Through Contractual Grievance Mechanism; Union's Inability to Grieve Dispute Does Not Mean Employer Committed an Unfair Labor Practice.
2/12/04
(20 Day Order)
C02 B-035
South Haven Public Schools
-and- Teamsters Local 214
-and- South Haven Bus Drivers Association
Unfair Labor Practice Charges Dismissed, Election Ordered - Bus Driver Not Disciplined in Retaliation for Union Affiliation; Bus Driver Disciplined for Tardiness and for Falsifying Records; Charging Party Must Present Substantial Evidence from which a Reasonable Inference may be Drawn to Prove Anti-Union Animus.

2/12/04
(20 Day Order
C02 L-260 & C03 D-088 & R03 A-019

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