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November 2017

Name Subject Matter Date Issued Case Number Topic(s)

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

Unfair Labor Practice Charges Withdrawn: Employer Violated Duty to Bargain in Good Faith by Refusing to Make Contributions to Employees’ Health Savings Accounts; Union Violated Duty to Bargain in Good Faith When it Continued to Propose that the Parties’ Successor Collective Bargaining Agreement Include Language on Teacher Discipline; § 15(3)(m) Renders Anything Related to Teacher Discipline a Prohibited Subject of Bargaining.

11/17/17 C16 I-097 & CU16 L-062 Withdrawal of Charges; Duty to Bargain; Prohibited Subject of Bargaining; § 15(3)(m)

AFSCME Council 25 and its Affiliated Local 1518 -and- Huron County

Petition for Unit Clarification Granted: Position of Probate Court Register/Court Administrator Excluded from Local 1518’s Bargaining Unit of Non-Supervisory Employees; Position has Authority to Make Hiring Decisions on Behalf of the Probate Court and the Existence of Any of the Statutory Powers Sufficient to Confer Supervisory Status on the Employee.

11/17/17 UC15 L-023 Unit Clarification;

Supervisory Status

St. Joseph County Intermediate School District -and- St. Joseph County Intermediate Education Association -and- Southwestern Michigan Education

Unfair Labor Practices Not Found: IEA’s Charge Against the ISD alleging that it Violated § 10(1)(a) and (e) by Both Retitling and Unilaterally Removing the Speech Therapist and Early Childhood Non-Classroom Special Education Teacher Positions from its Unit Untimely Filed; Charge Filed Seven Months After Positions Posted; Commission Has Strict Six Month Statute of Limitations Period; Even if Charge Were Timely Filed, Record Demonstrates that the Newly Created Positions Were Not the Same as Existing Positions; IEA Did Not Violate § 10(2) by Demanding to Arbitrate the Inclusion of the EC Program Support Specialist and EC Speech Therapy Positions; “Staffing” Refers to Who and How Many Employees Should be Placed in Certain Positions Under § 15(3)(h), and Therefore Not a Prohibited Subject of Bargaining.

Unit Clarification Petition Granted: EC Speech Therapist and EC Program Support Specialist Should be Accreted to the IEA’s Bargaining Unit; Positions Share a Community of Interest with the Unit’s Other Positions.

Unit Clarification Petition Dismissed: GSRP Associate Teacher Excluded From the Bargaining Unit because it Does Not Share a Community of Interest with the SMEA Bargaining Unit; Teaching Aides Will Not Be Accreted to a Unit Comprised of Instructional Teachers.

11/2/17

C15 L-157, CU16 A-003, UC15 L-021 & UC15 L-025

(no exceptions)

Unilateral Change; Statute of Limitations; Staffing; Unit Clarification; Community of Interest