November 2016

City of Detroit -and- Senior Accountants, Analysts and Appraisers Association -and- Dorenda S. Werdlow

Unfair Labor Practice Not Found: Charging Party Failed to State Valid PERA Claim; Commission Does Not Have Jurisdiction Over Title VII Claims; Charging Party Failed to Establish that the Union Breached its Duty of Fair Representation by Not Filing a Grievance Challenging Her Layoff. 

C14 E-052 & CU14 D-024    

(no exceptions)

Michigan Education Association & Grand Blanc Education Association -and- Daniel Morey

Unfair Labor Practice Not Found: Charging Party Failed to Allege Any Facts to Sustain a Finding that the Union Acted Arbitrarily, Discriminatorily, or in Bad Faith in Representing Employees; Charging Party’s Allegations Against the Union Relating to Whether the Executive Board Could Go Into Closed Session Does Not Standing Alone Constitute a Breach of the Duty of Fair Representation; Topics Involving Internal Governance of Union are Outside of the Commission’s Jurisdiction;  The Union Did Not Violate PERA by Limiting the Method by Which Campaigns for Union Officer Positions Could be Run; Establishment of Qualifications for Holding Union Office and Conducting Union Elections are Internal Union Matters and Not Violations of PERA. 

CU16 C-012

(no exceptions)

Ferndale Firefighters Association, Local 812, I.A.F.F. -and- Richard Kelly

Unfair Labor Practice Not Found: Respondent Union Did Not Violate § 10(2)(a) of PERA by Refusing to Arbitrate the Grievance it Filed Over Charging Party's Reprimand and Suspension or By Refusing to File a Grievance Over a Subsequent Reprimand Issued to Charging Party After He Had Filed an Unfair Labor Practice Charge Against the Union;  Charging Party Failed to Produce Evidence Sufficient to Establish That the Union's Actions Were Arbitrary, Discriminatory, or in Bad Faith with Respect to Either Matter; Charging Party also Failed to Show that His Employer's Issuance of the Suspension and the First Reprimand or of the Second Reprimand Breached the Collective Bargaining Agreement; To Establish that Respondent Breached its Duty of Fair Representation, Charging Party Must Show that the Union's Actions Were Arbitrary, Discriminatory or in Bad Faith and that the Employer Breached the Collective Bargaining Agreement by Issuing the Discipline in Question; Respondent Had No Duty to Take the Grievance to Arbitration, or to Grieve the Second Reprimand where the Union Could Have Rationally Concluded with Respect to each Matter that Taking Further Action Would Have Been Futile.  

Detroit Public Schools -and- AFSCME Local 345 -and- Daniel C. Waller, Jr.

Unfair Labor Practice Not Found: Charging Party Failed to File Timely Exceptions Within Twenty Days of Service of the ALJ’s Decision and Recommended Order, in Violation of Commission Rule 176; Charging Party Also Failed to File Motion to Reopen Record as Required by Rule 166; Pleadings Submitted by Charging Party in Response to ALJ’s Show Cause Order Also Establish that Charging Party Failed to State a Valid PERA Claim.  

Commission Rule 176; Commission Rule 166; Failure to State Claim