October 2015

Detroit Public Schools -and- Detroit Federation of Para-Professionals -and- Cortez Lawrence

Unfair Labor Practice Not Found: Charging Party Failed to State Valid PERA Claim Against Either Respondent; Charging Party Failed to Allege Facts That Establish that Respondent-Union Acted in Bad Faith or Breached Any Duty Owed to Charging Party Regarding his Termination.

Van Dyke Public Schools -and- Professional Personnel of Van Dyke, AFT, AFL-CIO

Unfair Labor Practice Not Found: Charging Party's Demand to Arbitrate Grievance Alleging Respondent Violated Obligation of Fair Dealing Regarding Teacher Transfer Does Not Violate to Duty to Bargain; Parties Precluded by 15(3)(j) From Entering into New Agreements Restricting Respondent's Right to Make Teacher Transfer Decisions; Respondent Did Not Violate 10(1)(a) By Transferring Employee Because Transfer Was Based on Professional Judgment That Retaining Employee in Her Position Would Adversely Affect Her Students, Not Because of Her Status as Union President; Serving as Union President is Protected Under 9, but Union Release Time is Not.

Duty to Bargain; 15(3)(j); 10(1)(a); Union Release Time

Suburban Mobility Authority For Regional Transportation -and- Shayla Moseley

Unfair Labor Practice Not Found: Failure to Respond to Show Cause Order May Warrant Dismissal of Charge; Not All Types of Unfair or Unlawful Treatment of Employees Violate PERA; No Allegation That Employer Was Terminated for Union or PERA Protected Activity; Failure to State Valid PERA Claim.

Detroit Transportation Corporation -and- Teamsters Local 214

Unfair Labor Practice Not Found: Failure to Respond to Show Cause Order May Warrant Dismissal of Charge; Allegations that Respondent Violated PERA by Unilaterally Implementing Changes in Healthcare Benefits and Refusal to Respond to Grievance Time Barred by Strict Six Month Statute of Limitations; Charge is Untimely as it Was Filed Almost Nine Months After Charging Party Filed Grievance Against Respondent Union.

Michigan Education Association -and- Herbert Lindsay

Unfair Labor Practice Not Found: Charging Party’s Communications With Respondent Regarding Opting Out of Union Membership Outside of Respondent’s “Window Period” Were Made Eighteen Months Prior to Filing Charge; Charging Party Should Have Known Then of Union’s Position Regarding Membership and Financial Obligation; PERA Has Strict Six Month Statue of Limitations and Rejects Attempts by Charging Parties to Revive Otherwise Untimely Claims Based Upon Continuing Violations Theory.

Summary Disposition; Statue of Limitations; Continuing Violations Theory

City of Inkster -and- Teamsters, Local 214

Unfair Labor Practice Not Found: After Entering Into Consent Agreement, Respondent Did Not Violate Duty to Bargain by Ignoring Charging Party's Bargaining Demand; Once a Consent Agreement is Entered Into Pursuant to 2012 PA 436, Duty to Bargain is Suspended; Failure to State a Valid PERA Claim.

Detroit Public Schools -and- Detroit Federation of Teachers

Unfair Labor Practice Not Found: Respondent Did Not Have a Duty Under PERA to Process Grievances Over Discipline or Discharge of Teachers; PA 103 Added 15(3)(m) to PERA Precluding Respondent From Bargaining Over Discipline and Discharge of Individuals Whose Employment is Regulated by Teacher Tenure Act; Respondent's Past Practice of Processing Such Grievances Does Not Create Duty that Extends Beyond PA 103; Commission Does Not Have Jurisdiction Over Claims of Discrimination.

Summary Disposition; 2011 PA 103; Prohibited Subjects of Bargaining; Past Practice; Commission Jurisdiction

Saginaw Valley State University -and- Michigan Education Association

Election Directed: Community of Interest Existed Between Sought Positions and Bargaining Unit, Petition for Certification of Representative Seeking to Accrete Certain University Positions into Petitioner's Bargaining Unit Raised a Question of Representation Within the Meaning of 12 of PERA, Election Directed Pending Additional Showing of Interest to Support Participation for Expanded Unit.

Traverse Bay Intermediate School District -and- Traverse Bay Intermediate School District Education Association, MEA/NEA

Unfair Labor Practice Not Found: Respondent Did Not Violate PERA by Implementing its choice of Options Under Act 152 Upon Contract Expiration Instead of Adhering to Healthcare Provision in Parties' Collective Bargaining Agreement; When All That Remains is a Dispute Over Contract Interpretation, The Commission Will Defer to Arbitration.

Wayne County and Wayne County Sheriff -and- AFSCME Local 3317

Motion to Dismiss Granted:  When an Employer is in Receivership, the Duty to Bargain is Suspended Pursuant to 15(1) of PERA; Employers Subject to Consent Agreement Under Act 436, Suspending Duty to Bargain; When Duty to Bargain is Suspended, Respondent's Refusal to Bargain Does Not Violate 10(1)(e) of PERA Because There Can Not be a Breach of Duty if There is No Duty; Respondent May Impose New Terms and Conditions of Employment as of Thirty Days After the Effective Date of the Consent Agreement Pursuant to Powers Granted to Respondent in the Consent Agreement under 12(1)(ee);Where an Employer Has No Duty to Bargain Under Act 436, Employer May Choose to Participate in Act 312 Arbitration, But Can Not be Compelled to do so; Commission Does Not Have Authority to Interfere with Rights and Obligations Respondent Assumed Upon Entering into Act 436 Consent Agreement for Purpose of Taking Remedial Measures to Address Wayne County's Financial Emergency.

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

This page last updated 11/13/15