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Name
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Subject Matter
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Date Issued
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Case Number
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Washtenaw Community Mental Health,
-and- American Federation of State, County and Municipal Employees, Council
25,
- and - Michael Schils |
Motions for Reopening, Summary Judgment, and
to Suspend Time Limits Denied - No Basis For Reopening; Charging Party's
Proffered Evidence Would Not Require a Change in Commission's Decision
and Order; No Basis to Grant Charging Party's Motion for Summary Judgment
Where Charging Party's Arguments Fail to Raise Any Issue Under PERA; Motion
to Suspend Time Limits Until Ruling on Pending Motions Hereby Rendered
Moot. |
9/08/04
|
C03 C-061
& CU03 C-017 |
City of Grand Rapids (Police Dept), -and- Command
Officers Association of Michigan,
-and- Grand Rapids Police Officers Labor Council,
- and- Police Officers Labor Council |
Petition for Representation Election Dismissed
- Sergeants Not Entitled to Sever from Unit; Sergeants Are Not Supervisors;
Sergeants Have No Authority to Issue Formal Discipline; Sergeants Do Not
Hire, Cannot Authorize Overtime, and Cannot Transfer Employees; Sergeants'
Ability to Oversee Work of Subordinates, Make Assignments, and Monitor
Subordinates' Performance Does Not Establish Supervisory Authority; Ratio
of One Supervisor to Twelve to Thirteen Officers Is Not Unreasonable;
Current Bargaining Unit Has a Long-Established History With the Employer.
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9/08/04
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R03 H-114 |
| Hastings Area School District, -and- Hastings
Education Association - South Central United Bargaining Association |
Decision and Direction of Election - Pre-Kindergarten
Teacher Position Shared Community of Interest with K-12 Bargaining Unit;
Teachers May Be Included in Same Unit Whether Certified or Not; Part-Time
Status Insufficient to Rebut Presumption Adult Education Teachers Share
Community of Interest with K-12 Teacher's Unit; Appropriate Group for
Accretion Included All Full-Time and Regular Part-Time Teachers in Adult
& Community Education Program. |
9/08/04
|
R02 E-066 |
American Association of University Professors,
Northern Michigan University Chapter
-and- Joseph Sabol |
Unfair Labor Practice Not Found - No Breach of Duty of Fair Representation;
Union Responded With Diligence; Contract Did Not Entitle Charging Party
to First Consideration for the Position; Employer Has Discretion Whether
to Hire Charging Party; Defect in Charging Party's Evaluation is Inconsequential.
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9/10/04
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CU03 A-007 |
Grand Rapids Public Museum
-and- Grand Rapids Employees Independent Union |
Unfair Labor Practice Not Found - Employer Did Not Engage
in Surface Bargaining; Fact Finder's Report Provides Basis For Further
Bargaining But Is Not Binding; Employer's Unwillingness To Agree To Agency
Shop Does Not Constitute Bad Faith Bargaining; Finding a ULP Based On
Employer's Failure To Make Concessions Or Position On One Issue Without
Other Evidence Of Bad Faith Is Contrary To Section 15 of PERA And MERC
Precedent. Dissent - Unfair Labor Practice Found - Employer Engaged in
Surface Bargaining; Employer's Surface Bargaining and Failure to Adequately
Explain Position on Agency Shop, Viewed in the Context of the Prolonged
Bargaining History Evidences an Intent to Avoid Reaching an Agreement
and Constitutes Bad Faith Bargaining on the Part of the Employer
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9/10/04
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C01 L-242 |
Ingham County Employees Association/Public
Employees Representative Association,
-and- Susan Paulson, Karen Jennings, and Sherri King
|
Unfair Labor Practice Not Found- No Violation
of Duty of Fair Representation in Connection With Retirement Benefit Enhancement
Elections Where Evidence Shows Union Went To Great Lengths to Ensure Eligible
Voters Could Thoroughly Consider Each Proposal and Participate in a Fair
and Impartial Election; Union Responded to Every Concern of Its Members,
Rescheduled the Vote for Members, Increased Security of the Process, and
Held Informational Sessions; Duty of Fair Representation Not Violated
By Union Denying Probationary Employees the Right to Vote on Retirement
Benefit Enhancement Proposals Since a Union Is Not Required to Accord
All Bargaining Unit Members Equal Voting Rights; Inconsistency in Union's
Process for Reviewing Charging Parties' Petitions to Nullify Elections
Not Unlawful Where Merits of Both Petitions Fully Considered; No Breach
of Duty of Fair Representation Demonstrated By Union Local's President
Advocating Position on the Election Which Could Personally Benefit Him.
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9/15/04
(20 day order)
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CU02 L-069 |
City of Menominee (Police Department),
-and- Teamsters Local 328 |
Unfair Labor Practice Not Found- ULP Based
Upon Failure to Promote Dismissed; Evidence Suggests Unit Member Would
Not Have Been Promoted Regardless of Protected Union Activity; Although
Unit Member Undoubtedly Engaged in Protected Activity, Primary Dispute
in Which Member Was Involved Had Been Resolved Before the Promotions. |
9/16/04
(20 day order)
|
C03 B-035 |
| American Federation of State, County, and Municipal
Employees, Local 1346 -and- John Lakey |
Remand to Administrative Law Judge - Statute
of Limitations; Timeliness of Charge Unclear. |
9/28/04
|
CU03 B-012 |
City of Troy
- and - Troy Police Officers Association |
Remanded to ALJ- Charging Party Alleged Violation of Sections 10(1)(a)
and 10(1)(e) of PERA Following Police Department's Plans to Change Overtime
Practice; Charging Party Argued That Protocols Associated With Overtime
Are Mandatory Subjects of Collective Bargaining; ALJ Found Charging
Party Had Not Raised Protocols Issue in the Charge and Dismissed; Commission
Remanded to ALJ for Development of Record; Legal Status of a Practice
Affecting Employees Covered By a Collective Bargaining Agreement Cannot
Be Determined Without Reference to the Agreement and an Understanding
of the History of the Practice.
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9/28/04
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C03 G-165 |
City of Lansing,
-and- Herman Louis Jones |
Unfair Labor Practice Not Found - Charging
Party Failed to Meet PERA's Six-Month Statute of Limitations Where Most
Recent Alleged Violations Occurred More Than Six Months Prior to Service
of the Charge; Statute of Limitations Is Jurisdictional And Cannot Be
Waived; Even If Charge Had Been Timely, Charging Party's Complaints of
Racial Discrimination And Hostile Work Environment Fall Outside Scope
of PERA. |
9/28/04
(20 day order)
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C04 B-063 |
| Kentwood Public Schools, -and- Kentwood Educational Support
Personnel Association, KCEA/MEA/NEA |
Unfair Labor Practice Not Found- No Violation of Duty to Bargain in
Good Faith; School Did Not Set Precondition to Bargaining Where Charging
Party Could Not Identify Any Condition to Bargaining Contained in Superintendent's
Remarks About Respondent's Financial Situation; Employer's Implementation
of Schedule In Parties' Expired Contract Was Permissible Despite Its
Differences From Schedules Proposed By Charging Party Since Employer
Is Allowed to Follow Past Practice Rather Than Its Last Bargaining Offer
In These Circumstances; Facts Do Not Support Assertion That Respondent
Abused Mediation Process And Engaged In Surface Bargaining.
|
9/28/04
(20 day order)
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C03 E-109 |
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Michigan State Government
Department of Energy, Labor & Economic Growth
Bureau of Employment Relations
This page last updated 12/07/04
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