January 2016

Name

Subject Matter

Date Issued

Case Number

Topic(s)

City of Detroit -and- AFSCME Local 312

Unfair Labor Practice Not Found: Case Involves Constituted Claim that Arose Before the Effective Date of the Bankruptcy Court’s Order Confirming the Eight Amended Plan for Adjustment in the City of Detroit; Charge Dismissed by MERC on Grounds That it’s Subject to the Discharge Provision as Provided by the Bankruptcy Court.

1/25/16

C13 B-026    

(20 Day Order)

Bankruptcy Proceeding

City of Saline -and- Christopher Boulter

Unfair Labor Practice Not Found: Respondent Did Not Violate Charging Party’s Weingarten Rights During Investigatory Interview; Charging Party was Given Representation Rights Contemplated by Weingarten; Respondent had the Right During Interview to Have its Questions Answered by Charging Party Without Interruption by Union Representative.

1/19/16

C14 B-021

Weingarten Rights

Detroit Transportation Corporation -and- Michigan Fraternal Order of Police Labor Council

Petition for Unit Clarification Denied: Petitioners Failed to Establish that Newly Created Position of Investigator was Confidential or Supervisory; Position has no Involvement with Collective Bargaining or Labor Relations; Although Investigator is Privy to Information Regarding Ongoing Disciplinary Investigations not Available to Other Unit Members, This Does not Make the Position Confidential; No Evidence that Investigator Has Authority to Hire, Transfer, Suspend, Lay Off, Recall, Promote, Discharge, Assign, Reward, or Discipline Other Employees, or Responsibly to Direct Them, or Adjust Their Grievances, or Effectively Recommend Such Action

1/15/16

UC15 C-007

Unit Clarification; Community of Interest; Confidential Employees; Supervisors 

Standish-Sterling Educational Support Personnel Association, MEA, -and- Mark Norgan

Unfair Labor Practice Found: Respondent Violated § 10(2)(a) by Restricting Charging Party’s Right to Resign Union Membership to the Month of August;  August Window Period for Union Membership Resignations Restrict Right to Refrain from Union Activity Under 2012 PA 349; Commission Retains Jurisdiction Over Matters in Which a Public Employee Chooses to Refrain from Engaging in Activities Protected Under § 9(1)(a), but is Unlawfully Restrained from doing so by a Labor Organization;  Respondent Violated § 10(2)(a) by Refusing to Accept Charging Party’s Resignation from Union Membership, and by Failing to Timely Provide Necessary Information allowing Him to Pay Reduced Agency Fee;  The ALJ’s Recommendation That Commission Order Respondents to Eliminate the August Window Period from Their Bylaws is Not an Unconstitutional Impairment of Contractual Rights.

1/15/16

CU14 B-002

2012 PA 349; § 10(2)(a) of PERA; Window Period; Commission Jurisdiction; Impairment of Contractual Rights

Teamsters Local 214 -and- James A. Cottrell

Unfair Labor Practice Found: Commission Agreed with ALJ’s Finding that Facts Alleged by Charging Party Did Not Support a Finding that Respondent Refused to Allow Charging Party to Resign From Union, However, Commission Did Find that by Not Allowing Charging Party to Pay Reduced Service Fee From Point of Resignation Until Contract Expiration, Respondent Violated § 10(2)(a);  After Ignoring Charging Party’s Requests to Become an Objecting Fee Payer, and by Continuing to Accept Full Payment of Dues After Contract Expiration, Respondent Obtained Involuntary Loan From Charging Party; An Involuntary Loan is Unlawful and Breaches Respondent’s Duty Of Fair Representation; Adopting NLRB’s Position, Respondent Precluded from Requiring Objections to Payment For Non-Chargeable Expenses be Sent Via Certified Mail Because it Imposes an Arbitrary Restriction on the Right to Refrain from Union Activity. 

1/14/16

CU13 K-067

2012 PA 349; § 10(2)(a) of PERA; Objecting Fee Payer