October 2016

Name

Subject Matter

Date Issued

Case Number

Topic(s)

Education Association, MEA/NEA -and- Howell Public Schools

Unfair Labor Practice Found: Union Violated 10(2)(d) of PERA by Demanding that the Employer Arbitrate a Grievance Related to Teacher Discipline, which is a Prohibited Subject of Bargaining Under § 15(3)(m) of PERA;  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 Incorporating Due Process and Other Constitutional Rights, Statutory Rights, and Board Policies are Unenforceable to the Extent they Concern an Employer’s Decision to Discipline or Discharge a Teacher;  Although Parties May Discuss Prohibited Subjects of Bargaining, the Employer Cannot be Compelled to do so;  Prohibited Subjects of Bargaining, Such as Teacher Discipline or Discharge, Within Sole Authority of Public School Employer to Decide.

Unfair Labor Practice Not Found: Respondent Ordered by Federal Court to Reduce Number of Existing Classifications to Increase Workplace Flexibility; Respondent was Complying with the Federal Court’s Order When it Eliminated Classifications and Transferred Employees from the Bargaining Units Represented by Charging Parties; Per the Federal Court’s Order, the Commission was Enjoined from Finding that Respondent Violated its Duty to Bargain as the Result of Actions Respondent Took to Comply with the Federal Court's Order; The Fact that the Parties had an Existing Collective Bargaining Agreement Did Not Prevent Respondent from Unilaterally Transferring the Employees in Charging Parties’ Bargaining Units to New Classifications to Comply with the Court's Order.  

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

Unfair Labor Practice Not Found: Federal Court Ordered Respondent to Eliminate the Classifications Represented by Charging Party and Transfer Employees and Their Work to the New Chemist Classification; Commission Enjoined From Finding That Respondent Committed Unfair Labor Practices Per Terms of Order of the Federal Court; Charging Party Failed to Allege Facts to Sustain a Claim that Respondent Violated § 10(1)(c) by Eliminating Job Titles. 

Van Buren Township -and- Police Officers Labor Council

Unfair Labor Practice Not Found: Union Did Not Violate Duty to Bargain in Good Faith By Attempting to Bargain Over Issues Related to the Employee Pension Plan or by Attempting to Take Those Issues to Act 312 Arbitration; For Waiver to Extend Beyond the Termination Date of the Collective Bargaining Agreement, There Must Clear Evidence That Such Was the Parties' Intent as in Cases Where Parties Have Established a Specific End Date; The Language in the Expired Collective Bargaining Agreement Waiving the Union's Right to Bargain on Changes to Pension Plan Did Not Show Clear Intent by the Parties to Extend the Waiver Beyond Expiration of the Collective Bargaining Agreement; The Collective Bargaining Agreement Did Not Establish Specific Termination Date for Waiver as it Only Ended When Actuaries Employed by MERS Certified that the Pension Plan was 100% Funded, Therefore, the Waiver was Invalid.

Davison Township -and- Police Officers Labor Council

Election Directed: Clerk/Dispatcher Positions Shared a Community of Interest With Township Police Officers Based on Their Act 312 Eligibility; To Qualify as an Emergency Telephone Operator under Act 312, an Employee Must Relay Emergency Calls to Police, Fire, or Emergency Medical Service Personnel on a Regular and Continuing Basis; The Amount of Time Spent on Dispatch Duties, Compared to Other Job Functions, is Not Determinative of Act 312 Eligibility.