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April 2015
Name
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Subject Matter
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Date Issued
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Case Number
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Topic(s)
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West Bloomfield School District -and- West Bloomfield Maintenance & Technical, MEA/NEA |
Unfair Labor Practice Not Found: Charging Party Failed to Demonstrate Respondent Intentionally Concealed its Future Plans During Contract Negotiations; When a Union Makes a Request for Relevant Information, an Employer has a Duty to Provide the Information in a Timely Manner; Since Charging Party Did Not Request Information, Respondent had No Duty to Notify Charging Party Prior to or During Contract Negotiations That it Was Considering Subcontracting Bargaining Unit Work; An Employer has No Obligation to Disclose to the Union During Contract Negotiations Every Action Being Contemplated. |
4/29/2015 (20 Day Order)
|
Duty to Bargain; Prohibited Subjects of Bargaining |
|
Amalgamated Transit Union, Local 26 -and- Frank D. Lacey, Jr. |
Unfair Labor Practice Not Found: Commission Does Not Have Power of General Jurisdiction Court to Issue Contempt Order and Does Not Have Authority to Assess Fines For Punitive Purposes; Motion to Reopen Record Will Only be Granted if: Evidence Could Not Have Been Discovered and Produced at Hearing; Additional Evidence Itself is Newly Discovered; and Additional Evidence, if Adduced and Credited, Would Require Different Result; Charging Party's Allegation that Respondent Unlawfully Intimidated and Coerced Members was Not Filed Within the Six Months Statue of Limitations Period; Charging Party Failed to Demonstrate that Respondents' Continued Acceptance of Additional Pay had any Impact on Employees' Terms and Conditions of Employment; Respondent Did Not Violate its Duty of Fair Representation Because it's Actions were Neither in Bad Faith or Arbitrary. |
4/27/2015 (20 Day Order)
|
Commission Jurisdiction; Motion to Reopen Record; Timeliness; Duty of Fair Representation |
|
City of Cadillac -and- Command Officers Association of Michigan |
Unfair Labor Practice Found: Respondent Failed to Justify Enforcement of Work Rule that Disciplined Employee for Engaging in Protected Activity; Whether an Employer may Lawfully Enforce a Rule and Discipline Employee for Engaging in Protected Activity Rests Upon: Whether Action Adversely Affected Employee's Protected Right, Whether Employer Demonstrates Legitimate and Substantial Business Justification for the Rule, and the Balance of Employee's Rights vs Employer's Interests; Fact that Employee has Alternative Avenues to Engage in Protected Activity is a Factor. |
4/27/2015 (20 Day Order)
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Protected Activity, Adverse Action, Discrimination, Retaliation |
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International Brotherhood of Teamsters, Local 337 -and- Michael Williams |
Unfair Labor Practice Not Found: National Labor Relations Board Preempts Commission's Jurisdiction Where a Controversy is Subject to National Labor Relations Act's Provisions; Commission has Jurisdiction to Resolve Unfair Labor Practice Disputes Only when NLRB Lacks or Refuses to Exercise Jurisdiction; Failure of Charging Party to Respond to Order to Show Cause Warrants Dismissal of Charge. |
4/24/2015 (20 Day Order)
|
Commission Jurisdiction; Failure to Respond to Show Cause Order |
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Shelby Township -and- Police Officers Association of Michigan -and- Matthew Stachowicz |
Unfair Labor Practice Not Found: Charging Party Failed to Establish Genuine Issues of Material Fact; Fact that a Bargaining Unit Member is Dissatisfied with their Union's Efforts is Insufficient to Constitute a Breach of the Duty of Fair Representation; Statute of Limitations is Not Tolled by the Attempts of Employee or Union to Seek Remedy Elsewhere; Section 11 of PERA has Never Been Interpreted by the Commission as Allowing an Individual Employee to Proceed to Arbitration Over the Objection of the Exclusive Bargaining Representative. |
4/24/2015 (20 Day Order)
|
Duty of Fair Representation; Summary Disposition; Timeliness |
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Michigan State Government This page last updated 5/7/2015 |