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Labor and Economic Opportunity

MERC Decisions Pending Before the Michigan Court of Appeals

Name Subject Matter MERC Case # COA #

City of Grayling -and- Police Officers Association of Michigan -and- Todd E. Hatfield

Unfair Labor Practice Not Found: Commission Found That Charge Against Employer be Dismissed; Charging Party Failed to Establish a Prima Facie Case Under ยง10(1)(c) Because the Record Devoid of Any Direct Evidence to Establish That Respondent Director Harbored Anti-Union Animus; Suspicious  Timing  Not  Sufficient,  By  Itself,  to  Establish  Unlawful  Motive; Commission Did Find, However, That the Union Breached its Duty of Fair Representation When it Would Not File a Grievance Over Charging Party's Loss of  Seniority and Reclassification as a Probationary Employee, and  By Not Filing a Grievance Over His Discharge; Even if Charging Party's Position Were Properly Removed From the Unit in August 2017, Union Still Owed Him a Duty of Fair Representation as a Result of the Seniority He Held as a Police Officer and Fireman; The  Commission Found That the  Union Treated  Charging  Party  With  Hostility  and Found That  Charging Party Should Not Have Lost  His  Seniority, Nor Should  He  Have  Been  Classified  as a  Probationary  Employee; Commission Remanded  Case  to  the  ALJ  for the  Purpose of Issuing  an Order Recommending  That the  Employer and the  Union  Arbitrate  the  Merits  of Charging Party's  Discharge Pursuant  to  Article  4  Grievance  Procedure  of the  CBA; In His Dissent, the Commission Chair Disagreed With the Remedy Posed by the Majority and Reasoned That it Places Charging Party in a Better Position Than He Would Rightfully Have Occupied. 

C18 C-022 & CU18 C-005, issued 8/11/2020

354627

City of Detroit (Fire Department) -and- Detroit Fire Fighters Association, Local 344

Unfair Labor Practice Found: Employer Had Duty to Bargain With Charging Party Regarding its Ability to Use Data From the Zoll Monitor to Investigate Employees For Potential Disciplinary Action and/or to Support the Imposition of Discipline as it Was a Mandatory Subject of Bargaining; Matter Not Covered by the CBA, Therefore Employer Failed to Fulfill its Duty to Bargain and in Doing so, Violated PERA;  Employer Failed to Provide the Union With Either Notice Nor Opportunity for Bargaining Before Using the New Data From the Zoll Monitor to Investigate and Discharge Involved Employees; Union Had No Duty to Demand Bargaining Because the Issue in Dispute Was Presented as a Fait Accompli; The Dissent Argued That Regardless of Whether the Decision to Implement the Zoll Monitor or the Effects of the Decision Were Mandatory Subjects of Bargaining, the CBA Covered the Matter in Dispute and There Was No Duty to Engage in Further Bargaining; The Dissent Further Argued That Charging Party Failed to Make a Timely Demand to Bargain and Therefore, the Employer Had No Duty to Bargain Over its Decision to Use Zoll Monitors. 

19-C-0479-CE, issued 10/22/2020 355412

Ypsilanti Community Schools -and- Teamsters Local 243 -and- Deanne Freeman -and- Leslie Harris

Unfair Labor Practice Found: District Violated Section 10(1)(c) by Failing to Hire Charging Parties, Who Both Served as Shop Stewards for Teamsters Local 243, When it Brought its Transportation Services Back in House; Commission Has Jurisdiction as Charging Parties Applied for Employment Directly with the School District, Which is a Public Employer; Remedy Posed by ALJ Appropriate; The Equitable Make-Whole Remedy it to Provide Charging Parties an Offer of Instatement With Back Pay; No Error in ALJ's Credibility Determinations That Charging Parties Were Subject to Anti-Union Animus.

19-H-1710-CE, 20-A-0016CE & 20-A-0017-CE 356149
Updated 4/2021