July 2016

Name

Subject Matter

Date Issued

Case Number

Topic(s)

Unfair Labor Practice Not Found:  Charging Party Failed to State Valid PERA Claim; Absent a Valid PERA Claim, Commission Lacks Jurisdiction to Address Fairness of an Employer’s Actions; Commission Does Not Have Jurisdiction over Payment of Wages and Fringe Benefits Act. 

Van Buren Township -and- Police Officers Labor Council 

Petition for Unit Clarification Granted: Commission Granted POLC’s Petition to Clarify Its Unit by Adding the Police Deputy Director Position; A Strong Community of Interest Exists Between the Newly Created Position and Other Supervisory Positions Within Petitioner’s Unit; Police Deputy Director Position Did Not Fit Within the Established Definition of Executive; The Delegation of Confidential or Executive Level Duties to Various Bargaining Unit Members Does Not Require Those Positions to be Excluded From the Bargaining Unit; Employer Already Maintained Three Positions as Confidential and Failed to Demonstrate the Need to Designate the Police Deputy Director as an Additional Confidential Position.  

Shiawassee Intermediate School District Education Association, MEA/NEA -and- Shiawassee Regional Education Service District 

Unfair Labor Practice Found: Respondent Violated § 10(2)(d) by Demanding to Arbitrate Grievance Over Prohibited Subjects of Bargaining; Under §15(3)(m) of PERA, the Employer’s Decisions Related to Teacher Discipline are Prohibited Subjects of Bargaining and Not Subject to Grievance Arbitration; Bargaining Limitations Imposed by § 15(3)(m) Apply to Decisions Concerning Teacher Discipline or Discharge, Including Decisions regarding Disciplinary Policies and Procedures; Provisions of the Parties’ Collective Bargaining Agreement Promising Protection of Weingarten Rights or Due Process Rights Are Unenforceable in Grievance Arbitration to the Extent That Those Provisions Apply to Teacher Discipline or Discharge;  Section 15(3)(m) Does Not Affect Statutory or Constitutional Rights or the Enforcement of Those Rights in Forums Other Than Grievance Arbitration.

Macomb County -and- AFSCME Council 25 and its Affiliated Local 893 -and- John P. Greiner

Unfair Labor Practice Not Found:  Charging Party Failed to Allege Facts to Establish that His Protected Concerted Activities Were a Motivating Cause of His Termination; Last Chance Agreement Prohibited Union From Arbitrating Charging Party’s Grievance and Charging Party Did Not Dispute Violation of Last Chance Agreement; Fact That Individual Member Dissatisfied with Union’s Decision Insufficient to Indicate Breach of Duty of Fair Representation. 

Wayne County Airport Authority -and- AFSME Local 953 -and- Jamecia Lewis

Unfair Labor Practice Not Found:  Charging Party Failed to State Valid PERA Claim;  PERA Does Not Prohibit All Types of Discrimination or Unfair Treatment; Charge is Untimely as Termination Occurred More Than Six Months Prior to Filing; Fact That Individual Member is Dissatisfied with Union’s Ultimate Decision Insufficient to Constitute Breach of Duty of Fair Representation. 

City of Detroit (Department of Water & Sewerage) -and- Sanitary Chemists and Technicians Association

Unfair Labor Practice Not Found: Respondent did not Interfere with Union Member’s § 9 Rights by Disciplining him for Outburst Over a Supervisor Performing Bargaining Unit Work; Union Member’s Outburst Not Protected Under § 9 Because His Actions Occurred Within View and Earshot of Other Employees, the Discussion that Leading to His Outburst was Neither Agreed to Nor Initiated by the Supervisor, and His Disrespectful Behavior in Those Circumstances Undermined the Supervisor’s Authority; Charging Party Failed to Establish that Respondent Suspended Union Member to Retaliate Against Him for His Prior Activities as Union President and/or Interfere in the Internal Union Election Scheduled to Occur Later That Month; Charging Party Also Failed to Establish that Respondent Retaliated Against the Union Member by Electing Not to Reduce His Discipline to a Written Warning. 

Protected Activity, Commission Jurisdiction; § 10(1)(a); § 10(1)(c); Retaliation

Unfair Labor Practice Not Found:  Charging Party Failed to Allege Any Facts That Would Establish That Respondent Violated PERA; Failure to Respond to Show Cause Order Warrants Dismissal of Charge.