December 2017

City of Detroit -and- AFSCME Council 25, Locals 2799 & 1023

Unfair Labor Practice Not Found: Charging Party’s Request to Add Additional Locals to Charge was Made More than One Year After Charge Filed and Was Untimely, Unjust and Inconsistent with Due Process; Charging Party Failed to Establish the Absence of a Bona Fide Dispute Over Contract Interpretation and/or that the Employer’s Actions Amounted to a Complete Disregard for the Contact as Written; Dispute Covered by Language in the Contract and Any Question as to the Meaning or Scope of Contract Language Should be for an Arbitrator to Resolve; Although Employer Obligated to Bargain over the Effects of the Reorganization of its Finance Functions, Charging Party Failed to Establish that it Made Any Bargaining Demand that Articulated What it Wished to Bargain Over; In the Absence of Such a Demand, the Employer’s Actions Cannot be Found to Have Constituted a Refusal to Bargain; No Evidence in Record to Establish that the Employer Engaged in Direct Dealing with Bargaining Unit Members. 

C15 F-087

(no exceptions)

Kent County and Kent County Sheriff -and- Kent County Deputy Sheriffs Association

Unfair Labor Practice Not Found: Charge Failed To State A Claim Upon Which Relief Can Be Granted Under PERA; Parties' Collective Bargaining Agreement Provided That The Employees Would Pay A Designated Amount For Health Insurance Based On Health Care Costs For Active Employees Bundled With Healthcare Costs For Pre-65 Retirees; When The Contract Expired, The Employers Passed On The Increase To The Active Employees Pursuant To § 15b; Act 152 Prohibits Public Employers From Including Retirees In Medical Benefit Plans For Employees; Whether Or Not The Employers' Actions In Basing The Amount Of The Health Insurance Premiums To Be Paid By Active Employees On The Health Care Costs Of Active Employees Bundled With The Health Care Costs Of Pre-65 Retirees, Violate Act 152, Those Actions Do Not Violate PERA; Nothing In PERA Expressly Prohibits Public Employers From Basing The Employees' Share Of Health Insurance Costs On Bundled Active Employee Health Care Costs And Pre-65 Retiree Health Care Costs.

Ypsilanti Township -and- Ypsilanti Township Fire Fighters Union, Local 1830, I.A.F.F

Unfair Labor Practice Charge and Exceptions Withdrawn: Respondent Violated PERA by Refusing to Provide Charging Party with a Copy of a Settlement Agreement Pertaining to a Bargaining Unit Member; Respondent did not Show that the Information Sought was Confidential, or that it was Prohibited from Disclosing the Document to Charging Party; Parties Submitted Joint Request to Withdraw the Charge and Exceptions and for Non-Publication of the ALJ’s Decision and Recommended Order. 

Wayne County Probate Court -and- AFSCME Council 25 and its Affiliated Local 1659

Respondent Did Not Violate 10(1)(e) by Failing to Adhere to Specific Procedures in the Contractual Grievance Procedure with Respect to December 2016 Grievances; Commission has Held that an Employer Cannot Refuse to Arbitrate a Grievance on the Grounds of Untimeliness, However, Charging Party Failed to Notify Respondent that it Wanted to Arbitrate the Grievances - Respondent Did Not Refuse to Arbitrate the Grievances.