October 2009

Argentine Twp -and- Thomas R. Brooks

Unfair Labor Practice Not Found; Charging Party Failed to State a Claim Under PERA; Charging Party Failed to Respond to Show Cause Order; Failure to Respond to Show Cause Order May Warrant Dismissal of Charge; Charge Failed to Allege Employer Interfered With, Restrained, or Coerced Employee From Engaging in Protected Activities.

Kalamazoo County -and- Kalamazoo County Sheriff -and- Kalamazoo County Sheriff’s Deputies Association

Unfair Labor Practice Found -- Respondents Violated Duty to Bargain in Good Faith; Respondents Repudiated Contract Provision; Act 312 Arbitration is a Permissive Subject of Bargaining; Permissive Subjects of Bargaining Embodied in a Collective Bargaining Agreement Cannot be Unilaterally Repudiated; Parties Intent to Settle Successor Agreement by Binding Interest Arbitration Recognized;  Parties Agreement to Submit to Act 312 Arbitration Upheld to the Extent that Expenditure of Public Funds is Not Required. 

Duty to Bargain; Act 312 eligibility; Permissive Subjects of Bargaining; Repudiation . Cross-Exceptions; Motion to Strike; Timeliness

Wayne County -and- Joseph Chrapkiewicz

Charge Withdrawn at Request of Charging Party as Matter has Been Settled.  Unfair Labor Practice Not Found-- Charge Failed to Allege Facts that Employer Discriminated Against Charging Party For Engaging In Protected Activities; Charge Barred by the PERA Six-Month Statute of Limitations.

Failure to State a Claim; Statute of Limitations; Withdrawal

Oakland County Road Commission -and- Michigan AFSCME Council 25, Local 529

Charge Withdrawn – Charge Withdrawn Per Request of Charging Party; Parties Settled Underlying Dispute.  Unfair Labor Practice Found; Respondent Violated Duty to Bargain in Good Faith; Respondent Failed to Respond to Request for Presumptively Relevant Information; Respondent Had Continuing Duty to Provide Such Information.

Duty to Bargain; Information Request; Withdrawal

City of Detroit (Police Dept)
-and- Detroit Police Officers Association

Unfair Labor Practice Not Found – Charging Party Failed to Allege Facts To Support Claim Respondent Repudiated Contract – No Repudiation When Parties Have Bona Fide Dispute Over Contract Interpretation.

Good faith dispute over contract interpretation

Sandusky Community Schools -and- Sandusky Education Association

Unfair Labor Practice Found – Respondent Violated Duty to Bargain; Respondent Made Unilateral Changes to Mandatory Subjects of Bargaining after Contract Expiration and in the Absence of Impasse; Parties’ Salary Grid is a Mandatory Subject of Bargaining; Respondent’s Failure to Implement Wage Increases as Required by Salary Grid, prior to Impasse, is a Unilateral Change in Violation of the Duty to Bargain in Good Faith.

Unfair Labor Practice Not Found – Surface Bargaining not Established by Charging Party; Good Faith in Bargaining Determined by Totality of Circumstances; Employer’s Position Changed during Negotiations. Employer Communications of Accurate Information about Negotiations to Employees in Non-Coercive Manner is not PERA Violation; Employer’s Communications to Employees were Factually Accurate and Not Coercive.

Michigan State Government
Department of Licensing and Regulatory Affairs
Bureau of Employment Relations

This page last updated 7/09/12