June 2018

Crestwood School District -and- Crestwood Federation of Teachers -and- Samantha Johnson

Unfair Labor Practice Not Found: Charging Party Failed to Allege that She was Engaged in PERA Protected Activities, and Therefore, Failed to State a Valid Claim Against the Employer; Charging Party Also Failed to Establish that the Union Breached its Duty of Fair Representation by Failing to File a Grievance on her Behalf.  

C17 K-093 & CU17 K-032

(no exceptions)
 

Coldwater Police Department -and- Lewis B. Eastmead

Unfair Labor Practice Not Found: Charging Party Failed to Plead Facts, that if Proven True, Could Establish that Respondent’s Investigation or Decision to Terminate Him Violated PERA; Failure to Respond to Show Cause Order May Warrant Dismissal of Charge. 

C18 B-011

(no exceptions)

Washtenaw County -and- AFSCME Local 3052 -and- Nancy Heine

Unfair Labor Practice Not Found: Respondent Did Not Violate § 10(1)(e) by Transferring Duties from Charging Party Heine; Record Does Not Establish that Work Transferred from Charging Party Heine Upon Her Position’s Reinstatement was Exclusive to Local 3052; Charging Parties Failed to Establish that They Made Any Bargaining Demand Specifically Stating What They Wished to Bargain Over; Demand to Bargain Must Articulate With Some Specificity What Impact the Requestor Wishes to Bargain Over; Charging Parties Failed to Establish a Prima Facie Case Under § 10(1)(c) with Respect to Charging Party Heine’s Layoff or Eventual Removal of Job Duties; Record Devoid of Evidence Establishing that Respondent Harbored Anti-Union Animus or Hostility Toward Her Protected Activity.

C15 J-142

(no exceptions)
 

§ 10(1)(e); Transfer of Bargaining Unit Work; § 10(1)(c)

AFSCME Council 25, Local 345 -and- Daniel Waller, Jr. 

Unfair Labor Practice Not Found: Charging Party Failed to Demonstrate Need for Evidentiary Hearing;  No Legitimate Issues of Material Fact and Decision on Summary Disposition Appropriate; Charging Party Failed to Allege Facts, Which, if Proven True, Would Establish a PERA Violation; Respondent’s Actions May Have Constituted Poor Judgement or Ordinary Negligence, However, This is Not Sufficient to Establish a Violation of PERA; Charging Party’s Complaint Over Respondent’s Representation of Him Alleges a Violation that Occurred More than Six Months Prior to the Filing of His Charge; Commission Has Strict Six Month Statute of Limitations Period.