September 2016

Davison Community Schools -and- Davison Education Association, MEA/NEA

Exceptions Withdrawn: Charging Party Withdrew Exceptions on the Same Day that They Were Filed; No Exceptions to ALJ’s Decision and Recommended Order Requires the Adoption of the ALJ’s Decision by the Commission.

Unfair Labor Practice Not Found: the Employer Did Not Violate PERA by Refusing to Limit the Voting on a Proposed Contract Deviation to Bargaining Unit Members Who Were Union Members in Good Standing; the Union Did Not Violate § 10(2)(c) by Communicating Its Position That Voting on a Proposed Contract Deviation Should Be Limited to Union Members in Good Standing, nor did its Actions Constitute a Unilateral Change in a Mandatory Subject of Bargaining;  the ALJ Concluded That the Contract Deviation Process Contained in the Parties’ Collective Bargaining Agreement Is a Substitute for the Normal Negotiation Process and, Therefore, Is outside of the Union’s’ Statutory Right to Govern Its Internal Affairs under § 10(1)(b) of PERA.  The Employer’s Action of Approaching a Proposed Schedule Change as a Contract Deviation, Precluded it From later Making a Claim that it was a Pilot Program; The Parties’ Good Faith Dispute over the Interpretation of Language in Their Collective Bargaining Agreement Must Be Resolved Pursuant to the Parties’ Agreed upon Grievance and Arbitration Process; an Arbitrator is Best Equipped to Decide Whether a Past Practice has Matured Into a New Term or Condition of Employment.  

International Union, United Auto Workers Region 1 -and- Senna Farmer

Unfair Labor Practice Not Found: Charging Party Failed to Set Forth Any Factually Supported Allegation that Would Establish that Respondent Breached its Duty of Fair Representation; Charging Party Failed to Assert the Existence of Either a Collective Bargaining Agreement Provision or a Binding Past Practice that Required the Employer to Allow Charging Party to Transfer to a Different Position; In the Absence of Legitimate Issues of Material Fact, Decision on Summary Disposition is Appropriate. 

CU16 B-009

(20 Day Order)

Amalgamated Transit Union, Local 26 -and- Frank Lacey

Remand to ALJ:  Commission Found That Summary Disposition Not Warranted; Refusing to Allow Union Member to Hold Union Office Because He Previously Instituted PERA Proceedings States a Valid Claim Under PERA;  Individual Has PERA Protected Right Under § 9 to Give Testimony or File Charge with Commission; NLRA also Prohibits Union From Retaliating or Taking Coercive Actions to Prevent a Member From Filing an Unfair Labor Practice Charge; Commission Not Bound by Decisions Interpreting NLRA, but Finds Them to be Persuasive Where NLRA and PERA Have Identical Language; Commission Has Jurisdiction Over Unfair Labor Practice Charge Alleging Restraint of Coercion in the Exercise of § 9 Rights. 

Faust Public Library -and- Michigan AFSCME Council 25, AFL-CIO

Order on Remand: Positions Did Not Possess the Effective Authority in Personnel Matters Necessary to Classify Them As Supervisors under PERA; a Finding of Supervisory Status Requires That the Individual or Classification Exercise Effective Authority in Personnel Matters Such That Superiors Generally Accept His or Her Recommendation without an Independent Investigation.  Position Holding a Community of Interest with Unit That Seeks to Include It Should Be Accreted to the Unit Rather Than Leave It in a Residual Group of Unrepresented Employees.

Detroit Association of Educational Office Employees (DAEOE), Local 4168 -and- Patricia Collins -and- Sharon Edwards -and- Deborah Hicks -and- Michaelle A. May -and- Joanne Parks –and- Quinta Ross -and- Lajuana Turner -and- Glenn Washington -and- Tinnia Willard

Unfair Labor Practice Not Found: Respondent’s Refusal to Give Members Wage Increase or Bonuses was Neither Arbitrary nor Done Out of Improper Motive, and Did Not Violate its Duty of Fair Representation; Any Allegation That Respondent Committed an Unfair Labor Practice in 2013 Untimely; Commission Has Strict Six Month Statute of Limitations Period. 

CU16 D-016 to CU16 D-024

(20 Day Order)

Amalgamated Transit Union, Local 26, AFL-CIO -and- Tomeka R. Barnes

Unfair Labor Practice Not Found: Charging Party Failed to Allege Material Facts to Indicate That Respondent Breached its Duty of Fair Representation by Failing to Arbitrate Charging Party’s Grievance; Fact That Individual Member is Dissatisfied with Union’s Ultimate Decision Insufficient to Constitute Breach of Duty of Fair Representation; Failure to Respond to Show Cause Order Warrants Dismissal of Charge. 

CU16 E-032

(20 Day Order)

Duty of Fair Representation; Failure to Respond to Show Cause?

UAW Local 699 -and- Lisa Kleekamp

Unfair Labor Practice Not Found: Charge Filed Against Wrong Entity and Charging Party Failed to Dispute the Allegation; Failure to Respond to Show Cause Order Warrants Dismissal of Charge.

CU16 D-014

(20 Day Order)