May 2016

Name

Subject Matter

Date Issued

Case Number

Topic(s)

Wayne County        -and- Wayne County Government Bar Association

Unfair Labor Practice Not Found:  Bona Fide Dispute Exists Over Interpretation of Contract Language; Respondent Articulated Factually Credible Explanation in Support of its Interpretation of the Contract’s Language, and Therefore, Did Not Violate § 10(1)(e) by Failing to Reimburse Certain Professional Expenses of Charging Party’s Bargaining Unit Members. 

Detroit Public Schools -and- Heather Miller

Unfair Labor Practice Found: Respondent Interfered With, Restrained, or Coerced Charging Party in the Exercise of Her Rights in Violation of § 10(1)(a); Respondent violated § 10(1)(c) by Unlawfully Discriminating Against Charging Party for Engaging in Union Activity; Anti-Union Animus was Demonstrated by Indirect and Circumstantial Evidence; Prior Commission Decision finding that Respondent unlawfully discriminated against Charging Party and Her Husband Established Respondent’s History of antiunion animus and Discrimination Against Charging Party for Her Protected Activities.  The ALJ’s Application of Collateral Estoppel was appropriate to the extent that it was used to establish a history of antiunion animus.  The Employer Failed to Show Any Legitimate Reason for denying Charging Party opportunities for recall that were provided to all other laid off teachers.  The Employer also lessened Charging Party’s opportunities for recall by decreasing her evaluation rating in ways contrary to the employer's policies.

Oakland County Road Commission -and- Road Technicians Association for Oakland County -and- Clerical & Technical Association Road Commission for Oakland County -and- American Federation of State, County & Municipal Employees, Council 25, Local 92 -and- American Federation of State, County & Municipal Employees, Council 25, Local 529

Election Directed: The Incumbents (AFSCME) Were Unable to Demonstrate That an Evidentiary Hearing was Necessary, Despite Having Been Given an Opportunity to Show the Existence of Disputed Factual Issues; The Decision Whether to Hold an Evidentiary Hearing is Solely Within the Commission’s Discretion; the Commission Directed an Election for Both Bargaining Units. 

R16 C-030 &

R16 C-033

City of Rochester -and- Rochester Public Employees Association

Petition for Election Granted: Account Technician, Human Resources and Risk Management and  Executive Assistant to City Manager Excluded from Bargaining Unit as Confidential Employees; No Basis for Executive Exclusion.

City of Ecorse -and- Ecorse Fire Fighters Local 684, IAFF

Unfair Labor Practice Found: Respondent Violated Duty to Bargain When it Refused to Meet with Charging Party to Bargain Over a New Collective Bargaining Agreement; Respondent’s Five-Year Exemption From the Duty to Bargain Under §27(3) of 2012 PA 436 Began on Date Emergency Financial Manager was First Appointed in October 2009 and Not on Effective Date of Act 436.

5/13/2016

C15 I-123

Duty to Bargain, 2011 PA 4, 2012 PA 436 

Oakland University -and- Keandres S. Dyson

Unfair Labor Practice Not Found:  Charging Party Failed to State a Claim for Which Relief can be Granted Under PERA; Charging Party Failed to Establish that She was Terminated for Engaging in Protected or Concerted Activity; No Legitimate Issues of Material Fact and Decision on Summary Disposition Appropriate. 

5/12/2016

C15 I-115

(20 Day Order)

Wayne County  -and- Kenneth H. Montroy

Unfair Labor Practice Not Found:  Charging Party Failed to State a Claim for Which Relief can be Granted Under PERA; Commission Does Not Have Jurisdiction Over Claims Involving Violation of Constitutional Right to Due Process. 

C15 L-161

(20 Day Order)

Washtenaw Intermediate School District       -and- AFSCME Council 25 -and- Maranda Cazares

Unfair Labor Practice Not Found:  Charging Party Failed to Establish Factual Basis to Support a Finding that She was Subjected to Discrimination or Retaliation for Engaging in Protected Union Activities; Charge is Untimely as Termination Occurred More Than Six Months Prior to Filing; Commission Has Strict Six Month Statute of Limitations Period; Failure to Respond to Show Cause Order May Warrant Dismissal of Charge; Charging Party Abandoned Charge Against Union, Therefore, Charge Must be Dismissed. 

C15 K-147 & CU15 K-038

(20 Day Order)

Failure to State Claim; Statute of Limitations; Failure to Respond to Show Cause Order.

Unfair Labor Practice Not Found:  While Subjects of Absenteeism and Discipline Have Consistently Been Held to be Mandatory Subjects of Bargaining, Charging Party’s Attempt to Frame the Dispute as a refusal to bargain is Unfounded; The Disputed issue is Covered by the Collective Bargaining Agreement; and the Commission will not take jurisdiction over this matter as resolution of the dispute should be done in accordance with the Grievance and Arbitration Procedures Outlined in the parties’ Contract. 

C14 J-120

(20 Day Order)