March 2018

City of Detroit (Health Dept. Animal Control Division) -and- Teamsters Local 214

Unfair Labor Practice Not Found: Respondent Did Not Repudiate the Parties’ Contract, and Their Dispute Over Interpretation of the Contract Should be Resolved by an Arbitrator, Not the Commission; Parties had Bona Fide Dispute Over Whether Respondent was Prohibited From Eliminating Bidding on Assignments. 

C17 G-068

(no exceptions)

International Union, United Auto Workers, Region 1-A -and- Tracy A. Rush-Byers

Unfair Labor Practice Not Found: Charging Party’s Filings Fail to Plead Any Facts, that, if Proven True, Could Establish Violation of Respondent’s Duty of Fair Representation; Union’s Failure to Adequately Communicate With a Member About a Grievance Not a Breach of its Duty of Fair Representation; Charge is Untimely as it was Filed More than Six Months After Charging Party was Notified that Respondent had Withdrawn her Grievance; Commission Has Strict Six Month Statute of Limitations Period; Failure to Respond to Show Cause Order May Warrant Dismissal of Charge. 

CU17 I-029

(no exceptions)

Duty of Fair Representation; Statute of Limitations; Failure to State Claim; Failure to Respond to Show Cause Order

Michigan State University -and- Michigan State University Administrative Professional Supervisors Association

Unit Clarification Granted:  When an Employer Seeks to Remove Existing Position From Established Bargaining Unit, the Question is Whether, Because of the Change in Duties, the Position no Longer Shares a Community of Interest With That Established Unit; Although There are Differences Between Neighborhood Director Position and Engagement Center Manager Position Which Formerly Belonged to Petitioner’s Bargaining Unit, the Duties Added to Neighborhood Director Position Did Not Substantially Change the Nature of the Engagement Center Manager Position or Alter its Community of Interest With the Bargaining Unit. 

United Steel Workers Union, Local 15301 -and- Bay County Medical Care Facility

Unfair Labor Practice Not Found: Charging Party Failed to State Valid PERA Claim; An Employer Lacks Standing to File Unfair Labor Charge against a Union for Allegedly Violating Employees’ Rights under Section 9 of PERA; Union Posting Names of Employees Who Refused to Join Union and Identifying them as a “Scab” or “Freeloader” is Neither Restraint nor Coercion Towards the Employees’ Exercise of their Section 9 Rights Under PERA.

CU17 H-028

(no exceptions)

City of Detroit (Department of Transportation) -and- Jermaine Smith

Unfair Labor Practice Not Found: Failure to Respond to Show Cause Order May Warrant Dismissal of Charge; Charging Party’s Filings Fail to Plead Any Facts, that if Proven True, Could Establish a Claim Under PERA for Which Relief Could be Granted.  

C17 K-094 & C17 K-095

(no exceptions)

City of Detroit (Department of Transportation) -and- American Federation of State, County, & Municipal Employees Council 25, Local 312 -and- Jermaine Smith

Unfair Labor Practice Not Found: Charging Party Presented No Credible Evidence Which Would Suggest that His Suspension was Retaliatory in Nature, or that it was Connected to His Protected Concerted Activities; Record Devoid of Facts to Establish that the Employer Violated the Contract’s Overtime Equalization Requirements or that the Union Acted Arbitrarily, Discriminatorily or in Bad Faith in Connection With its Dealings With Charging Party; Union is Not Required to Take Every Grievance to Arbitration; Charging Party Failed to Establish that the Union Breached its Duty of Fair Representation by Not Taking Action to Clarify the Chain of Command for Materials Management Employees; An Employer’s Decision With Respect to its Choice of Supervisors is a Management Right About Which the Employer has No Duty to Bargain.

C17 F-051, C17 F-052, C17 F-053, CU17 F-021, CU17 F-022, CU17 F-023

(no exceptions)

Petition for Unit Clarification Dismissed: Accretion of the Unaccredited Fellowship Positions Would Upset Parties’ Agreement and Past Practice that the House Officers Association Only Include Physicians in Accredited Fellowships and Who are Acting Under the Direction of an Attending Physician.

Unfair Labor Practice Found: The Employer’s Refusal to Proceed to Arbitration Violated its Duty to Bargain in Good Faith; One Party’s Unilateral Determination that a Subject Lacks Arbitrability Inappropriate; Dismissal of Unit Clarification Petition Renders the Arbitration Moot.

C16 D-038 & UC16 D-007

(no exceptions)