July 2015

City of Benton Harbor -and- Michigan AFSCME Council 25, and its Affiliated Local 1433

Unfair Labor Practice Found: Respondent Violated Duty to Bargain in Good Faith Under § 10(1)(e) by Failing and Refusing to Provide Charging Party Information it Requested Related to Discharge of a Bargaining Unit Member; Respondent Not Required to Provide Information it Does Not Have, but Has Obligation to Tell Charging Party its Reasons for Not Providing Relevant Information.

Board of Education of the Capac Community Schools -and- Capac Education Association, MEA/NEA

Unfair Labor Practice Not Found: Respondent Did Not Violate Duty to Bargain by Increasing Health Care Premiums and Implementing the Employer Cost Sharing Option Under § 4 of PA 152; Respondent Was Required to Comply with Provisions of Act 152 at Contract Expiration; Department of Treasury's Frequently Asked Questions are Relevant in Considering the Effects of Act 152 on Respondent's Duty to Bargain.

Duty to Bargain; 2011 PA 152; Department of Treasury FAQ's

City of Detroit -and- Police Officers Association of Michigan

Unfair Labor Practice Charge Dismissed: Parties Reached Settlement Post-Bankruptcy and Charging Party Sought Leave to Withdraw Exceptions; ALJ Found on Motion for Summary Disposition that Employer Had Not Violated §10(1)(e) by Refusing to Rescind Changes Imposed Pursuant to Consent Agreement Entered into in Accord with 2011 PA 4; Leave to Withdraw Exceptions Granted and ALJ;s Recommended Order Adopted.

Withdrawal of Exceptions; Failure to State Claim; Unilateral Change; Bankruptcy

Wayne County -and- Michigan AFSCME Council 25, AFL-CIO

Motion to Stay Proceedings Denied: Case on Appeal; Per Section 16(f) of PERA Once Appeal is Filed Only Specific Order by Court Will Stay Commission Order.

Wayne County Airport Authority -and- Michigan AFSCME Council 25 and Its Affiliated Local 953

Unfair Labor Practice Not Found: Charging Party Failed to Show that Respondent Repudiated Collective Bargaining Agreement by Denying Union President's Request for Paid Release Time to Conduct Union Business; Although Paid Time to Engage in Union Activities During Working Hours is a Mandatory Subject of Bargaining, Repudiation Does Not Exist Where There is a Bona Fide Dispute Over Contract Interpretation; When Parties Have Agreed to Mandatory Procedure for Binding Dispute Resolution, the Commission's Review of an Agreement in the Context of a Refusal-to-Bargain Claim is Limited to Determining Whether the Agreement Covers the Subject of the Claim; If So the Details and Enforceability are Left to Arbitration; An Arbitrator is Ordinarily Best Equipped to Decide Whether A Past Practice has Matured Into a New Term or Condition of Employment.

Duty to Bargain; Mandatory Subjects of Bargaining; Repudiation; Good Faith Dispute; Unilateral Change; Past Practice; Commission Jurisdiction

International Union, United Automobile Workers (UAW), and UAW Region 1 -and- Larry W. Herrick

Unfair Labor Practice Not Found: Duty of Fair Representation Does Not Apply to Matters That Do Not Impact Relationship of Bargaining Unit Members to Employer; Charging Party's Dissatisfaction with Internal Appeals Procedures Are Internal Union Matters Outside the Scope of PERA; Charge is Untimely as Termination Occurred More Than Six Months Prior to Filing; Internal Efforts to Remedy Change Do Not Toll Limitations Period.

Genesee County -and- AFSCME Council 25, Local 916, Chapters 1, 2, 3, 4, 8, 9 and 10

Unfair Labor Practice Not Found: Respondent Did Not Violate § 10(1)(e) of PERA by Deducting Co-Pays from Charging Party's Members Before Expiration of Collective Bargaining Agreement; Employers Action Did Not Constitute Breach of Repudiation of Labor Contract; Respondent Required to Comply With Statutory Imposed Deadline Mandated by PA 152 to Avoid Financial Penalties; Parties Had Established Past Practice of Deducting Employee's Share of Health Insurance One Month in Advance, and Was Reasonable Interpretation of Contractual Obligation.

Washtenaw County -and- Grady Floyd

Unfair Labor Practice Not Found: Charging Party Failed to Allege That Employer's Decision to Terminate Him Was Because He Engaged in PERA Protected Activities; Employer Without Authority to Instruct Union How to Handle Grievance; Charge is Untimely as Termination Occurred More Than Six Months Prior to Filing; Commission Does Not Have Jurisdiction to Determine Violation of Constitutional Rights.

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

This page last updated 9/3/2015