January 2018

Teamsters Local 214 -and- Tina House

Unfair Labor Practice Found: Order on Remand; Order Issued Effectuating Decision of Court of Appeals.

61st District Court -and- Grand Rapids Employees Independent Union -and- Association of Public Administrators of Grand Rapids

Petition for Unit Clarification Denied: Chief Deputy Court Clerk and Urinalysis Laboratory Manager Not Supervisory Positions and Were Correctly Placed in GREIU Bargaining Unit; Chief Deputy Court Clerk’s Supervisory Authority Found to be Routine and Administrative; Urinalysis Laboratory Manager’s Supervisory Authority Also Found to be Routine; No Indication That Urinalysis Laboratory Manager Possessed the Effective Authority to Make Recommendations in Matters Related to Hiring, Firing, or Discipline; Fact That an Employee has Input Into, or Makes Recommendations Concerning Personnel Decisions Does Not Mean That the Employee has Effective Authority to Hire, Transfer, Suspend, etc., Other Employees and is Insufficient to Establish Supervisory Authority.

Unfair Labor Practice Found:  Charging Party’s Minimally Effective Rating on Her Evaluation and Respondent’s Intentional Thwarting of Charging Party’s Attempt to Appeal Her Evaluation Constituted Adverse Employment Actions for Purposes of § 10(1)(a) and (c); Charging Party’s Request for Additional Drinking Water for Their Students and Filing a Complaint with MIOSHA Over the Lack of Adequate Water Were Both Concerted and Protected Activities; By Informing Teachers They Would Violate Protocol By Contacting Outside Agencies or Individuals About the Water at the School, Respondent’s Principal Implicitly Threatened Discipline in Violation of § 10(1)(a); An Employer Cannot Lawfully Prohibit a Group of Employees From Filing a Joint Complaint With an Outside Agency About Their Working Conditions, or From Taking Other Concerted Actions to Bring Their Mutual Concerns to the Attention of the Public; Respondent’s Representatives Violated § 10(1)(b) by Interfering with the Administration of the Detroit Federation of Teachers by Questioning Teachers About Whether They Voted in an Election in Which Charging Party was Elected Building Representative;  Respondent Violated Section 10(1)(a) by Giving Charging Party a Written Warning for Speaking Out; Constructive Discharge Applies to Situations Where Employees Resign Employment after Employer has Deliberately Made Their Working Conditions so Intolerable that the Employee Cannot Continue Their Work; Remedy for Back Pay Inappropriate Because Charging Party’s Working Conditions Were Not Deemed to be Intolerable Such that a Reasonable Person Would Have Been Forced to Take Unpaid Sick Leave Rather than Continue to Work. 

C16 J-107

(no exceptions)