September 2015

Wayne County Commission, Parks Division -and- Christina Snowden

Unfair Labor Practice Not Found: Failure to Respond to Show Cause Order May Warrant Dismissal of Charge; Failure to State Valid PERA Claim; Employees Do Not Have Right to Union Representation at Meeting Held Solely for Purpose of Informing Employee of, and Acting Upon a Previously Made Disciplinary Action.

Monroe County Intermediate School District -and- Linda G. Short

Unfair Labor Practice Not Found: Respondent Did Not Violate Charging Party's Weingarten Rights by Refusing to Allow Union Representative to Attend Meeting With Employer Representative; Charging Party Did Not Have Reasonable Basis to Conclude that Meeting Would Lead to Discipline; Failure to State Valid PERA Claim.

Petition for Unit Clarification Dismissed: Petitioner Failed to Show Position Was a New or Substantially Changed Position; Where a Position Shares a Community of Interest Between Opposing Bargaining Units Commission Will Defer to Employer's Good Faith Decision as to Unit Placement.

Unfair Labor Practice Not Found: Charging Party Filed Untimely Exceptions, and Commission Will Not Consider Exceptions Not Received by Close of Business on Due Date; Charging Party Failed to Provide Statement of Service Which Justifies the Commission in Declining to Consider Charging Party's Exceptions; Charging Party Failed to State a Valid Claim Under PERA.

Timeliness; Failure to File Statement of Service; Failure to State a Claim

Saginaw Education Association -and Michigan Education Association -and- Kathy Eady-Miskiewicz -and- Matt Knapp -and- Jason LaPorte -and- Susan Romska

Unfair Labor Practice Found: Respondents Violated § 10(2)(a) by Restricting Charging Parties' Right to Resign Union Membership to the Month of August. The August Window Period for Union Membership Resignations Restricts Charging Parties' Right to Refrain from Union Activity. Under § 10(2)(a), Commission Has Jurisdiction Over Matters in Which a Labor Organization Restrains or Coerces Public Employees in the Exercise of Rights Guaranteed in §  9 of PERA, Including the Right to Refrain from Protected Activities. The ALJ's Recommendation That We Order Respondents to Eliminate the August Window Period from Their Bylaws Is Not an Unconstitutional Impairment of Contractual Rights. Given the Information Provided by Respondents to Its Membership regarding Resignation from the Union, Respondents Did Not Violate Duty of Fair Representation by Failing to Actively Publicize Information regarding Resignation Process. A Union Must Give Specific Notice to the Union of His or Her Intention to Resign before the Resignation Is Effective. Union Members' Failure to Pay Dues Is Not Sufficient to Provide Unions With Notice of Resignation.

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

This page last updated 10/28/15