April 2017

Unfair Labor Practice Not Found: Parties Had Bona Fide Dispute Over Whether the Lieutenant was Actually Promoted; Commission Will Not Engage in the Interpretation of a Collective Bargaining Agreement Where the Matter is Covered by the Contract and the Parties Have Agreed to a Binding Method of Resolving Disputes; The Fact that the Chief Offered the Lieutenant the Opportunity to Withdraw His Name From Promotion Consideration Did Not Constitute Direct Dealing or Unlawful Coercion; Employer Has Obligation to Provide Union Representation at Closed Door Meeting Only When Employee Requests Union Representation; Employee Had No Reason to Believe the Interview Would Lead to Discipline and Had No Right to Union Representation. 

C16 G-079
(no exceptions)

Bona Fide Dispute; Contract Interpretation; Direct Dealing; Weingarten

Michigan Education Association -and- Tammy Denson

Unfair Labor Practice Not Found: Respondent’s UniServ Director Did Not Act in Bad Faith, Demonstrate Hostility, or Act in a Grossly Negligent Manner By Failing to File a Grievance on Charging Party’s Behalf Alleging That the Employer Owed Her Money After Her Job was Outsourced; Record Does Not Indicate That Charging Party Asked Respondent UniServ Director For Help in Filing a Grievance Seeking Monetary Reimbursement for the Employer’s Failure to Provide Sufficient Advance Notice of Their Termination. 

CU16 G-041

(no exceptions)

Grand Rapids Education Association, MEA/NEA -and- Andres Santiago 

Unfair Labor Practice Not Found:  Charging Party Failed to State Valid PERA Claim; Charging Party’s Pleadings and Attachments Devoid of any Alleged Facts that Could Establish that the Union Failed to, or Refused to, Represent Him Because of His Lack of Union Membership; As There Were No Material Issues of Fact, the Decision Depended Solely on the Resolution of Issues of Law, and Evidentiary Hearing Neither Necessary nor Appropriate; Commission Does Not Have Jurisdiction Over Constitutional Due Process Claims. 

Failure to State Claim; Duty of Fair Representation; Evidentiary Hearing; Commission Jurisdiction  

Henry Ford College -and- Henry Ford Community College Federation of Teachers, AFT, Local 1650 -and- Henry Ford Community College Administrators’ Association, Local 71   

Petition for Unit Clarification Denied: Commission Denied Local 1650’s Petition to Clarify its Bargaining Unit to Include the Manager of Support and Teaching Services Position; Since the Position Shared a Community of Interest With Both Local 1650’s and Local 714’s Bargaining Units, the Commission Deferred to the Employer’s Placement of the Position With Local 71; Commission also Denied Local 71’s Petition to Clarify its Bargaining Unit to Include the Learning Lab Coordinator Position; Unit Clarification Not Appropriate for Upsetting Agreement of Established Practice; Learning Lab Coordinator Was also the Type of Supportive Professional Staff Which the Commission Consistently Found to Have a Community of Interest with Teaching Faculty, Warranting its Inclusion in Local 1650’s Unit.