July 2017

Genesee County & Genesee County Register of Deeds -and- AFSCME Council 25, and its Affiliated Local 916

Unfair Labor Practice Not Found: Chief Deputy Register of Deeds an Executive as the Commission has Defined the Term, and is Excluded from Participation in Collective Bargaining; Since Commission Deemed the Position be Excluded from the Bargaining Unit, Allegations Set Forth in Charge Rendered Moot. 

C15 G-092 & UC15 K-017

(no exceptions)

Unfair Labor Practice Not Found: Respondent’s Decision to Cross-Examine Charging Party at an Arbitration Hearing was not Arbitrary, Discriminatory, or in Bad Faith; Any Failure of Respondent to Explain its Reasoning for Placing Charging Party on the Witness Stand did not Breach its Duty of Fair Representation; A Union's Failure to Communicate with a Member is not a Breach of its Duty of Fair Representation Unless that Failure Results in Actual Harm to the Member. 

CU17 C-007

(no exceptions)

Unfair Labor Practice Found: Association Violated § 10(2)(d) by Insisting, Over the Employer's Objection, on Pursuing a Grievance Over Prohibited Subjects of Bargaining, and by Demanding to Arbitrate that Grievance; PA 103 Amended PERA at § 15(3) by Adding Several Prohibited Topics Regarding Collective Bargaining Between Public School Employers, Including Teacher Layoff and Recall; Employer’s Decision to Layoff and Not Recall Two Teachers were Prohibited Subjects of Bargaining; Argument that Union is Not Prohibited from Arbitrating Grievance Alleging a Violation of a Statutory or Constitutional Right in Contract even if Grievance Involved Prohibited Subject Rejected; Proceeding Involved Indirect Attack of a Subject of Bargaining Made Prohibited Under § 15(3), through a Challenge of Incorporated Statutes or Constitutional Rights. 

CU15 K-041

(no exceptions)

Interurban Transit Partnership -and- Amalgamated Transit Union Local 836

Unfair Labor Practice Found: Respondent Violated § 10(1)(a) by Issuing a Thirty-Day Unpaid Suspension to a Bargaining Unit Member for His Conduct at a Meeting of Respondent’s Board of Directors; Bargaining Unit Member was Engaged in Protected Concerted Activity Under PERA; Respondent Violated § 10(1)(a) and (c) by Applying a Section of the Parties’ Collective Bargaining Agreement in a Discriminatory Manner; Respondent Failed to Provide a Legitimate Explanation for its Sudden Decision to Change its Interpretation and Application of the Contract Provision Granting Leave Time to Non-Union Officer Members; Respondent’s Denial of Charging Party’s Request for Union Leave Motivated by Anti-Union Animus. 

Commission Denied Respondent’s Motion for Reconsideration: Suspension of a Public Employer's Duty to Bargain Does Not Affect the Commission's Jurisdiction Over Unfair Labor Practice Charges Against that Public Employer; Nothing in the Language of Act 436 Discusses Unfair Labor Practices or the Commission's Subject Matter Jurisdiction; Whether an ALJ has the Authority to Hold a Hearing on an Unfair Labor Practice Charge Depends on Whether the Charge States a Claim Upon Which Relief Can Be Granted Under PERA; The Commission is Precluded From Acting in a Manner Contrary to the Requirements of § 16 of PERA and Commission Rule 161(7); Commission Rule 161(7) Provides that Any Review of the ALJ's Order by the Commission Must Await the Filing of Exceptions to the ALJ's Decision and Recommended Order.