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June 2015

Name
Subject Matter
Date Issued
Case Number
Topic(s)

Northern Michigan University -and- Michigan AFSCME Council 25 and its Affiliated Local 1094 -and- Mark David Kugler

Unfair Labor Practice Not Found: Failure to Respond to Show Cause Order May Warrant Dismissal of Charge; Charge is Untimely as Suspension and Reprimand Occurred More Than Six Months Prior to Filing; Allegations Against Employer for Improper Suspension and Requiring Employee to Undergo Fitness for Duty Exam Do Not Constitute PERA Claim; No Breach of Duty of Fair Representation by Union for Failing to File Timely Grievance over Suspension or by Other Conduct.

6/26/2015
(20 Day Order)
Failure to Respond to Show Cause Order; Duty of Fair Representation; Failure to State Claim; Statute of Limitations

Suburban Mobility Authority Regional Transportation -and- Amalgamated Transit Union, Local 1564 -and- Steed Coates

Unfair Labor Practice Not Found: Failure to Respond to Show Cause Order is Reason for Dismissal of Charge; Charging Party Failed to State Claim Upon Which Relief can be Granted Under PERA Against Employer or Union.

6/26/2015
(20 Day Order)
Failure to Respond to Show Cause Order; Duty of Fair Representation; Failure to State Claim

Muskegon Public Schools -and- Michigan Education Association -and- Jan O. Martin

Unfair Labor Practices Not Found: Failure to Respond to Show Cause Order May Warrant Dismissal of Charge; No PERA Claim Against Employer; No Breach of Duty of Fair Representation by Union; Nothing to Establish That Union Acted Arbitrarily, Discriminatorily or in Bad Faith; Dissatisfaction with Union Efforts or Decision Insufficient to Constitute Breach.

6/26/2015
(20 Day Order)
Failure to Respond to Show Cause Order; Failure to State Claim; Duty of Fair Representation

Kalamazoo County and Kalamazoo County Sheriff -and- Kalamazoo County Sheriff's Deputies Association -and- Robert Schreiner, Sarah Swafford, Don Boven, and Greg Shutes

Unfair Labor Practice Found and Not Found: Respondent Employers Violated § 10(1)(a) of PERA by Permitting Sergeants (Who are Supervisors as Commission Defines That Term) to Bargain on Behalf of Non-Supervisors and Represent Non-Supervisors in Grievances; Employers Interfered with Employees' Section 9 Rights and Interfered with Administration of Labor Organization in Violation of Section 10(1)(b); Respondent Union Did Not Violate PERA by Making Membership in the Fraternal Order of Police a Condition of Union Membership, by Refusing to Permit Charging Parties to Participate in Executive Board Election, or by Excluding Them from Running for Union Office; These Were Internal Union Matters and Not Within Scope of Union's Duty of Fair Representation; Respondent Union Did Not Violate § 10(2)(a) by failing to Stop Employees from Harassing Charging Parties for Exercising Their § 9 Rights.

6/16/2015
(20 Day Order)
Duty of Fair Representation; Supervisory Status; Internal Union Matters

International Brotherhood of Teamsters, Local 337 -and- Michael Williams

Motion for Reconsideration Granted: Charging Party was Employed by a Privately Owned Company and Not a Public Employee Covered Under PERA; Motion Granted to Clarify Basis of ALJ's Recommended Order that Commission Lacks Subject Matter Jurisdiction.

6/10/2015
Motion for Reconsideration; Commission Jurisdiction

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

This page last updated 7/2/2015