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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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Mt. Clemens Community School District,
-and- AFSCME Council 25, Local 873, -and- Sara Louise Nalls |
Unfair Labor Practice Not Found - Charge Against
Employer Does Not State a Claim for Which Relief can be Granted; Charging
Party Does Not Allege the Employer Restrained, Coerced, or Retaliated
Against Her for Engaging in Protected Activity; Charging Party Failed
to Show the Union's Refusal to File a Grievance to be Arbitrary, Discriminatory,
or in Bad Faith; Charging Party Further Failed to Prove a Breach of the
Contract Occurred; Union Investigated Her Claim; Union Legitimately Concluded
Charging Party's Complaint was Moot Because She Returned to Her Former
Position. |
5/27/05
(20 Day Order)
|
C04 A-029 &
CU04 A-009 |
Detroit Public Schools,
-and- International Union of Operating Engineers, Local 547, AFL-CIO,
-and- Greater Detroit Building Trades Council, AFL-CIO |
Unit Clarification; Hub Supervisor Position
Shares a Community of Interests With Supervisory Unit Represented by Local
547 - Position Has Supervisory Responsibilities That Require Use of Discretion
and Independent Judgment, Including Budget Preparation, and Coordination
of Building Repair Needs; Position Authorized to Issue Written Reprimands
and Make Recommendations for Promotions. |
5/17/05
|
UC03 J-038 |
| City of Royal Oak (Police Department) -and-
Royal Oak Police Officers Association |
Unfair Labor Practice Found; 10(1)(a) Violation
Found; Employer Interfered With Union Member's Right to Engage in Protected
Activity; Employer Disparaged Union Member's Use of Grievance Process
and Pressured Member to Withdraw Grievance and Allegiance to Union. Employer
Breached Duty to Bargain Over Effects of Special Work Assignments; Specific
Effects Over Which Employer Has a Duty to Bargain Not Addressed Because
Not Properly Before the ALJ and Only Referenced In Dicta by ALJ. No Unfair
Labor Practice Found as to Employer's Decision to Make Special Assignments;
Assignment of Nonmember of Bargaining Unit to Fill Position Held Previously
By Bargaining Unit Member Lawful Because the Work Was Different From the
Work Previously Performed by Unit Members and Assignment Did Not Have
a Significant Adverse Impact Upon Union's Unit. |
5/17/05
|
C00 B-034 |
City of Detroit (Dept. of Water & Sewage)
-and- Subrine Clabon |
No Unfair Labor Practice Found; Charging Party
Was Not Engaged in Concerted Activity When Seeking Remedy for Individual
Problems Through Employer's Internal Procedure; No Evidence of Hostility
Toward Charging Party as a Result of Her Filing Grievances; Difficulties
Existed Before the Filing of Grievances and Decision to Transfer Was Not
a Result of Grievances. |
5/17/05
|
C03 B-030 |
Wayne State University
-and- Wayne State University Staff Association, UAW, Local 2071 -and-
Romell Weston |
No Unfair Labor Practice Found; No Breach of
Duty of Fair Representation; Union Made Reasonable, Good Faith Decision
that the Collective Bargaining Agreement had Not Been Violated and Elected
Not to File a Grievance; Charge Against Employer Failed to State a Claim
for Relief Under PERA; No Allegation or Evidence of Anti-Union Animus. |
5/17/05
|
C03 E-099 &
CU03 E-026 |
City of Detroit (Planning and Development Dept)
-and- Association of Municipal Inspectors |
No Unfair Labor Practice Found; Removing Private
Information from Employer's Files for Union Purposes Without Approval
is Not Protected by the Act; Employee Knew or Should Have Known He Needed
Specific Permission to Access Files; Respondent Did Not Alter Terms and
Conditions of Employment by Withdrawing Authorization to Access the Database
Pursuant to Their Electronic Communication System Policy. |
5/12/05
(20 Day Order)
|
C03 L-264 |
Saginaw Township
-and- Police Officers Association of Michigan |
Unfair Labor Practice Found Against Employer;
Employer Cannot Threaten Employees or Retaliate Against Them For Pursuing
a Grievance; Unfair Labor Practice Found Against Union; Engaging in the
Secret Tape Recording of a Grievance Meeting Interferes With the Bargaining
Process and is the Equivalent of Bargaining to Impasse on a Permissive
Subject Thus is a Breach of the Duty to Bargain in Good Faith; Admission
of Secret Tape Recordings as Evidence Upheld Because Employer Waived Objection;
However, Such Evidence Should be Inadmissible as a Matter of Policy. |
5/3/05
|
C02 A-003,
C02 A-010 & CU02 E-029 |
Frenchtown Charter Township
-and- Frenchtown Professional Fire Fighters, IAFF Local 3233 |
No Unfair Labor Practice Found Against Employer;
Employer Has Inherent Managerial Right to Create New Positions Within
the Bargaining Unit; Thus, Union Proposals Regarding Creation of New Positions
are Permissive Subjects of Bargaining; Unfair Labor Practice Found Against
Union; Act 312 Panel Only Has Jurisdiction Over Mandatory Subjects of
Bargaining; Union's Submission of Permissive Subject of Bargaining to
Act 312 Panel is an Unfair Labor Practice. Agreements to Put Permissive
Subjects of Bargaining Before an Act 312 Panel are Unenforceable. |
5/3/05
|
C02 B-054&
CU02 B-009 |
Genesee County Community Mental Health Services
-and- Teamsters Local 214, |
Unit Clarification Petition Granted - Position
of Facilitator Included in Bargaining Unit; Facilitator Position is Nonsupervisory
and Shares Community of Interests With Bargaining Unit Positions; Facilitator
Position and Bargaining Unit Positions Required to Have Master's Level
Degree or Higher; Facilitator Position, Clinical Coordinator Position
in Unit, and Clinical Liaison Position in Unit Required to Have Contact
With and Treat or Arrange Treatment for Employer's Clients; Differences
in Facilitators' Duties and Bargaining Unit Employees is Insufficient
to Destroy Community of Interest. |
5/3/05
|
UC03 C-13 |
|
Michigan State Government
Department of Energy, Labor & Economic Growth
Bureau of Employment Relations
This page last updated 07/12/05 |
