March 2017

Name

Subject Matter

Date Issued

Case Number

Topic(s)

City of Detroit -and- Coalition of the City of Detroit Unions and AFSCME Council 25

Withdrawal of Unfair Labor Practice Charge Approved: During City of Detroit’s Bankruptcy, Bankruptcy Court Issued Stay on All Proceedings Before Governmental Units; After Detroit Exited Bankruptcy, Charging Parties’ Requested that Both the Charge and Their Exceptions be Withdrawn; The Commission Granted Charging Parties’ Request. 

3/29/17

C12 H-157

Withdrawal of Exceptions; City of Detroit’s Bankruptcy Proceeding

City of Detroit -and- Coalition of the City of Detroit Unions and AFSCME Council 25

Withdrawal of Unfair Labor Practice Charge Approved: During City of Detroit’s Bankruptcy, Bankruptcy Court Issued Stay on All Proceedings Before Governmental Units; After Detroit Exited Bankruptcy, Charging Parties’ Requested that Both the Charge and Their Exceptions be Withdrawn; The Commission Granted Charging Parties’ Request. 

3/29/17

C12 D-065

Withdrawal of Exceptions; City of Detroit’s Bankruptcy Proceeding

City of Detroit -and- AFSCME Council 25

Withdrawal of Unfair Labor Practice Charge Approved: During City of Detroit’s Bankruptcy, Bankruptcy Court Issued Stay on All Proceedings Before Governmental Units; After Detroit Exited Bankruptcy, Charging Party Requested that Both the Charge and its Exceptions be Withdrawn; The Commission Granted Charging Party’s Request. 

Withdrawal of Exceptions; City of Detroit’s Bankruptcy Proceeding    

City of Detroit (Dept of Transportation) -and- Pamela King  

Unfair Labor Practice Not Found: Charging Party Failed to State a Valid PERA Claim; Charging Party Failed to Allege that Her Supervisors Actions Constituted Retaliation Against Her For Engaging in PERA Protected Activity; Commission Does Not Exercise Jurisdiction Over Allegations of Sexual Harassment or Sex Discrimination; Failure to Respond to Show Cause Order May Warrant Dismissal of Charge.

C16 K-124

(no exceptions)

Failure to State Claim; Failure to Respond to Show Cause; Jurisdiction

Grand Traverse County -and- 86^th District Court -and- Grand Traverse County Sheriff -and- Teamsters Local 214

Unfair Labor Practice Not Found: Charging Party Filed its Unfair Labor Practice Charge More Than Six Months After Respondent Passed a Resolution Adopting the “80/20” Choice of Health Care Options Pursuant to PA 152; Date of Alleged Unilateral Change in Terms/Conditions of Employment is Date Announcement, Resolution or Other Action Taken Formalizing Change, Not Date of Implementation; Charging Party Knew of Respondent’s Resolution and Had Good Reason to Believe it was Improper at That Time, and was Obligated to File its Charge Within Six Months of That Date; Commission Has Strict Six Month Statute of Limitations Period; Charge Not Filed Within Six Month Period is Untimely.  

 C16 K-113 & C16 K-114 & C16 K-115 & C16 K-116 & C16 K-117    (no exceptions)

East Detroit Public Schools -and- East Detroit Educational Secretaries Association -and- Jennifer Smith

Unfair Labor Practice Not Found: Charge Dismissed Against Employer for Failure to State Valid PERA Claim; Charging Party Failed to Allege that Her Termination Was Related to Her Engaging in PERA Protected Activity; Commission Does Not Exercise Jurisdiction Over Claims of Wrongful Termination Following Maternity Leave. 

C16 F-057 & CU16 F-038

(no exceptions)

Ferris State University -and- Ferris Faculty Association of Ferris State University, MEA/NEA

The Petition For Unit Clarification Was Granted: No Evidence in Record to Establish That the Union was Informed that the Academic Advisor Position was Changed From Temporary to Permanent Full-Time; Commission Cannot Conclude That the Union Acquiesced to the Exclusion of the Position From its Bargaining Unit; Job Duties of the Academic Advisor Position Sufficiently Involved in the Educational Process to Warrant Inclusion in the Bargaining Unit; Position is the Type of Supportive Professional Staff that the Commission Consistently Has Found to Have a Shared Community of Interest with Teaching Faculty. 

Unit Clarification; Historical Exclusion; Acquiescence; Community of Interest 

City of Detroit, Department of Transportation -and- Amalgamated Transit Union, Local 26 -and- Carolyn Howard

Unfair Labor Practice Not Found: Union Did Not Violate its Duty of Fair Representation When it Failed to File a Grievance Challenging Charging Party’s Termination; Commission Does Not Have Jurisdiction to Find the Union in Violation of PERA for Refusing to Permit Charging Party to Speak at a Union Meeting; Internal Union Matters Not Involving Section 9 of PERA Are Not Subject to Duty of Fair Representation; Charging Party Failed to State Valid PERA Claim as Commission Does Not Have Jurisdiction Over Elliot Larsen Civil Rights Act Claims; Charging Party’s Discharge Occurred More Than Six Months Prior to Filing Charge; Commission Has Strict Six Month Statute of Limitations Period that is Not Tolled By Physical Disability, Personal Hardship, or the Pursuit of Other Remedies; Charging Party Failed to Timely Respond to Show Cause Order; Failure to Respond to Show Cause Order May Warrant Dismissal of Charge.

Unfair Labor Practice Found: Union Violated § 10(2)(d) by Demanding that the Employer Arbitrate a Grievance Over the Recall of a Teacher; Decisions Regarding Teacher Layoff and Recall are Prohibited Subjects of Bargaining Under § 15(3)(k); Due Process Rights Not Enforceable in Grievance Arbitration When the Grievance Addresses Decisions About a Public School Employers' Policies Regarding Personnel Decisions Involving Staffing Reductions or Recalls From Staff Reductions; Language in a Collective Bargaining Agreement Cannot Act as a Waiver of the Employer's Rights and Responsibilities Under § 15(3) or (4), as Such Language Would Not Be Enforceable as it Relates to a Prohibited Subject of Bargaining. 

AFSCME Council 25, Local 1497 -and- Charles Rudolph

Unfair Labor Practice Not Found: Respondent Did Not Violate its Duty of Fair Representation by Failing to Advance Charging Party’s Grievance to Arbitration; 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 May Warrant Dismissal of Charge. 

CU16 K-058

(no exceptions)

City of Battle Creek -and- Nancy Crawfo0. rd

Unfair Labor Practice Not Found: The Employer’s Alleged Denial of Charging Party’s Leave Request Fails to State a Valid PERA Claim; Absent a Valid Claim Under PERA, the Commission Lacks Jurisdiction to Address the Fairness of an Employer’s Actions; Failure to Respond to Show Cause May Warrant Dismissal of Charge. 

C16 K-121

(no exceptions)