September 2017

Clarkston Community Schools and Clarkston Education Association and Michigan Education Association -and- Ron Conwell

Unfair Labor Practice Found: Respondents Violated Charging Party's Right to Refrain From Financially Supporting s Labor Organization Under § 9 of PERA; Respondents' Actions in Extending Union Security Agreement in their 2012 Collective Bargaining Agreement to Successor Agreements Entered in 2014 and 2015, Violated the Prohibition Against Requiring an Individual to Pay Fees to a Labor Organization as a Condition of Continuing Public Employment Under § 10(3); Since the Union Security Provision was Extended After the Effective Date of Act 349, the Provisions in the 2014 and 2015 Collective Bargaining Agreements Were Unenforceable Under § 10(5); By Violating § 10(3) Respondents Liable for Civil Fine of $500 Each; By Maintaining the Union Security Agreement in Collective Bargaining Agreements Entered Long After the Effective Date of Act 349, the Employer Violated § 10(1)(a), and the Unions Violated § 10(2)(a); Respondent Unions Further Violated § 10(2)(a) When They Sent a Letter to Charging Party Telling Him That He Was Required to Pay an Agency Fee for the 2015-2016 School Year and Impliedly Threatening to Initiate Proceedings to Terminate His Employment if He Refused to Pay the Agency Fee.

AFSCME Council 25 -and- Kenneth Davis

Unfair Labor Practice Not Found: Charging Party Failed to State Valid PERA Claim; Charging Party Failed to Allege Material Facts to Indicate a Breach of Duty of Fair Representation by Respondent’s Failure to Arbitrate His Grievance; Charging Party’s Allegations Regarding the Last Chance Agreement Untimely Filed as ALJ Concluded Charge Filed More Than Six Months From Date the Last Chance Agreement was Executed.

CU17 F-020

(no exceptions)

Petition For Self Determination Dismissed: Alternative Education Teachers Employees of the Bendle/Carman-Ainsworth Consortium, Not Carman Ainsworth Community Schools; A Bargaining Unit Consisting of Both Units of Teachers Inappropriate Under § 13; Commission Precluded From Ordering a Public Employer to Bargain on a Multi-Employer Basis.