April 2015

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.

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.

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.

Protected Activity, Adverse Action, Discrimination, Retaliation

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.

Commission Jurisdiction; Failure to Respond to Show Cause Order

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.

Duty of Fair Representation; Summary Disposition; Timeliness

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

This page last updated 5/7/2015