MERC Decisions Pending Before the Michigan Supreme Court

NAME  SUBJECT MATTER COA #  MERC CASE

Macomb County -and- AFSCME Council 25 and its Affiliated Local 893 -and- John P. Greiner

Unfair Labor Practice Not Found:  Charging Party Failed to Allege Facts to Establish that His Protected Concerted Activities Were a Motivating Cause of His Termination; Last Chance Agreement Prohibited Union From Arbitrating Charging Party’s Grievance and Charging Party Did Not Dispute Violation of Last Chance Agreement; Fact That Individual Member Dissatisfied with Union’s Decision Insufficient to Indicate Breach of Duty of Fair Representation. 

334264

C13 D-074 & CU13 D-017,

issued July 25, 2016

Ionia County Intermediate Education Association, MEA/NEA -and- Ionia County Intermediate School District

Unfair Labor Practice Found: Respondent Violated § 10(2)(d) by Demanding to Arbitrate a Grievance Over Teacher Discipline, a Prohibited Subject of Bargaining; Grievance Arbitration Regarding a Prohibited Subject Constitutes an Effort to Enforce Provisions Made Unenforceable by § 15(3); § 15(3)(m) Does Not Affect the Constitutional Right to Due Process or Enforcement of that Right in Forums Other Than Grievance Arbitration; the Order Granting Respondent’s Request for an Extension of Time was Appropriately Issued Because Commission Rule 176a(3) Does Not Require a Party to Give a Reason for a First Extension of Time. 

334573

CU15 H-024,

issued August 15, 2016

updated 7/11/2018