November 2018

Unfair Labor Practice Charge Dismissed on Motion for Summary Disposition – The Charge in This Case Did Not State a Claim Upon Which Relief Could Be Granted Under PERA.  In This Case, the Facts as Alleged by Charging Party Indicated that Charging Party, and Not Respondent, Is the Exclusive Bargaining Agent for the Unit of Transit Police Officers Employed by the Employer. Therefore, Charging Party Owed a Statutory Duty of Fair Representation Toward Its Members Under PERA.  Any Obligations Respondent Had Under Its Service Agreement with Charging Party Were Contractual Obligations Rather Than Obligations Arising from PERA.  The Commission’s Unfair Labor Practice Justification is Limited to Violations of § 10 of PERA and, as Such, the Commission Lacks Jurisdiction to Enforce the Terms of Such a Service Agreement.  § 9 of PERA Sets Out the Rights of Employees Protected by the Act and Includes the Right to Select a Bargaining Agent of the Employees’ Own Choosing.  § 10(2)(a) of PERA Prohibits Labor Organizations From “Restraining and Coercing” Employees in the Exercise of This Right.  A Union’s Statutory Duty of Fair Representation Arises from Its Statutory Power as Exclusive Bargaining Agent to Represent All Members of a Designated Unit.  

CU18 F-019

(no exceptions)

§ 10(2)(a), Duty of Fair Representation, Failure to State a Claim, Commission Jurisdiction

Detroit Public Schools Community District -and- Regina Fuqua

Unfair Labor Practice Not Found: Charging Party Failed to Allege that Her Discipline was as a Result of Her Engaging in PERA Protected Activity; Failure to State Valid PERA Claim; Failure to Respond to Show Cause Order May Warrant Dismissal of Charge. 

C18 G-071

(no exceptions)

Failure to State Claim; Failure to Respond to Show Cause Order

Unfair Labor Practice Not Found: Charging Party Did Not Meet its Burden in Establishing Either That Respondent Harbored Anti-Animus and/or That Protected Activity was the Motivating Cause of the Dues Collection Termination; Charging Party Failed to Provide Tangible Evidence That Respondent Harbored Anti-Union Animus or Otherwise Acted With Unlawful Motive in Implementing the Amended CET; Therefore, No Evidence of Violation of 10(1)(c).

C16 K-126

(no exceptions)

10(1)(c); Anti-Union Animus

Unfair Labor Practice Not Found: Charging Party Failed to State Valid PERA Claim; No Statutory Enforcement Mechanism by Which Commission is Charged With Determining Whether a Public Employer Had Implemented a Policy on Violation of Section 15a; Respondent’s Prohibition on Allowing its Fire Fighters to Seek Part-Time Employment with Fire Departments that Immediately Abut it Does Not Violate PERA.

C18 A-008

(no exceptions)

Unfair Labor Practice Not Found: Respondent’s Decision Not to File Charging Party’s Grievance Fell Within the Range of Reasonableness and Did Not Violate its Duty of Fair Representation in Not Doing So; Union Allowed to Exercise Discretion as Long as its Decision is Within the Range of Reasonableness.   

CU18 E-012

(no exceptions)

Unfair Labor Practice Not Found: Charging Party’s Allegation That the Agreement Between Respondents to Substitute Vouchers for Lump-Sum Payment Beginning With New-Hires in April 2017 Untimely; Commission Has Strict Six Month Statute of Limitations Period; Commission Steadfastly Rejects Attempts by Charging Parties to Revive Otherwise Untimely Claims Based Upon a Continuing Violation Theory; Charging Party’s Displeasure With FPOLC’s Refusal to Process a Grievance Not a Violation of its Duty of Fair Representation; A Member’s Dissatisfaction With Union's Effort Insufficient to Constitute a Breach of the Duty of Fair Representation; Failure to Respond to Show Cause Order May Warrant Dismissal of Charge. 

C18 C-014 & CU18 C-004

(no exceptions)

International Alliance of Theatrical Stage Employees, Local 274 -and- Jason Endres

Unfair Labor Practice Not Found: Charging Party Failed to Provide Factual Basis for His Claim that Respondent Acted in Bad Faith By Refusing to File a Grievance Over His Ban from the Breslin Center; Respondent’s Decision to Not File a Grievance Was Neither Arbitrary Nor Made in Bad Faith; Respondent Did Not Violate Duty of Fair Representation by Taking the Position that the Contract Language Permitted the Stage Manager to Assign Charging Party a Different Position.

CU18 D-008

(no exceptions)

Association of Professional and Technical Employees (APTE) -and- City of Detroit

Unfair Labor Practice Charge Withdrawn: Parties’ Indicated that the Dispute Underlying the Charge Had Been Settled; Charging Party Requested that Both the Charge and Exceptions Be Withdrawn and Both Parties Requested that the ALJ’s Decision and Recommended Order not be Published; Commission Granted the Requests.  

Withdrawal of Exceptions; Withdrawal of Charge

Petition for Unit Clarification Denied: Concert Producer/Technical Manager Position Appropriately Placed in Petitioner’s Unit; When Two Unions Claim a New Position, Commission Defers to Employer's Good Faith, Reasonable Decision to Place the Position in the Unit with Which it Shares a Community of Interest.

Wayne County -and- AFSCME Local 3317

Petition for Act 312 Arbitration Dismissed: Commission Found No Merit to Union’s Argument that the Starting Point for Contract Negotiations Should be an Expired Collective Bargaining Agreement Where Revised Conditions of Employment Were Properly Imposed Under Act 436 Subsequent to Agreement’s Expiration; Union Failed to Provide Any Rule, Statute, or Case Law That Would Require Automatic Reinstatement of an Expired Collective Bargaining Agreement in the Absence of Express Agreement By Both Parties; Consequently, Document Containing Revised Employment Terms Serves as Starting Point for the Parties’ Negotiations. 

D18 G-0877

Act 312 Arbitration, 2012 PA 436

Unfair Labor Practice Not Found: Charging Party Failed to Cite Any Compelling Reason that Would Require the Commission to Overturn Longstanding Precedent that an Employer Must Continue to Deduct Dues on Behalf of a Union After Another Union Has Been Certified as the Exclusive Bargaining Representative; Respondent Did Not Violate PERA by Following Established Commission Precedent. 

Wayne County -and- AFSCME Council 25, Local 3317

Unfair Labor Practice Not Found: Record Does Not Establish that County’s Actions Were Indicative of an Unwillingness to Reach Agreement; The Consent Agreement the County was Subject to, Which Excused it From Any Act 312 Obligation, Not Evidence of Bad-Faith Bargaining; Record Does Not Support Charging Party’s Allegations that the County Withheld Financial Information. 

C14 G-079A

(no exceptions)

Wayne County -and- AFSCME Council 25, Local 3317

Unfair Labor Practice Not Found: Record Devoid of Evidence to Establish that the County Violated its Duty to Bargain in Good Faith During the Thirty-Day Period Prior to the Suspension of its Duty to Bargain Pursuant to the Consent Agreement.  

C16 B-015

(no exceptions)

Great Lakes Water Authority -and- AFSCME Local 2920 -and- Mauria Davis

Unfair Labor Practice Not Found: Commission Does Not Exercise Jurisdiction Over Claims Alleging Violation of the Americans With Disabilities Act; Charging Party Failed to Establish that a Claim Exists Under PERA for Breach of the Duty of Fair Representation; Failure to Respond to Show Cause Order May Warrant Dismissal of Charge. 

C18 E-040 & CU18 E-013

(no exceptions)