February 2019

Montcalm County   -and- American Federation of State, County, & Municipal Employees, Local 3067.03

Unfair Labor Practice Found: Charge That Respondent Engaged in Direct Dealing Was Timely; Respondent Violated § 10(1)(a) and (e) When Montcalm County Clerk Communicated Directly with Union-Represented Employees for the Purpose of Changing Wages, Hours, and Terms and Conditions of Employment and Such Communication Was to the Exclusion of the Union; Statute of Limitations Began to Run Anew with Each Such Communication; Direct Dealing Does Not Require Taking the Form of Actual Bargaining but Might in Fact Occur When the Employer’s Conduct in Dealing with Employees is Likely to Erode the Union’s Position as the Exclusive Bargaining Representative.

C18 C-020

(no exceptions)

Direct Dealing; Statute of Limitations

University of Michigan Health System -and- University of Michigan House Officers Association

Unfair Labor Practice Found: Respondent Violated §10(1)(a) of PERA When Graduate Medical Education Director (Director) Interrupted Union Representative’s Presentation to Tell New Unit Members That They Would Receive all the Benefits of the Parties’ Collective Bargaining Agreement, Irrespective of Membership Status.  In Finding a Violation of § 10(1)(a), Statements Made Must be Considered According to Present Surrounding Circumstances.  Director’s Comments Were Made During Association’s Presentation When Membership Forms Were Being Dispersed.  A Reasonable House Member Would Have Perceived Comments from Director as an Attempt To Coerce House Officers Into Refraining From Joining the House Officers Association.

C17 I-077

(no exceptions)

§ 10(1)(a); Coercion

Service Employees International Union, Local 79 -and- Donna Johnson

Unfair Labor Practice Found: Employee Failed to File a Response to Order and Failed to Obtain an Extension of Time to File Response; Pursuant to Rule 165(1), R. 423.165(1), ALJ May Dismiss Charge or Issue a Ruling in Favor of Charging Party; Failure to Respond to Dispositive Motion or Show Cause Order Warrant Grounds for Summary Dismissal of a Charge; Employee Appears to Work for Private Employer, Wherein NLRB Has Exclusive Authority; Charge Fails to Provide Facts Establishing Breach of the Duty of Fair Representation by Respondent. 

CU18 J-036

(no exceptions)

Anchor Bay Education Association/MEA -and- Bonnie Debus -and- Mary Sue Wyss -and- Leon Niewoit -and- Kelly A. Ring 

Unfair Labor Practice Not Found: Charging Parties Failed to Plead Any Allegations That, if Proven True, Could Establish That the Association’s Actions With Respect to its Negotiation of a Wage Reopener were Based on an Unlawful Motive or That its Actions Were Otherwise Arbitrary, Discriminatory or Outside the Bounds of Reasonableness; The Grievance That Was Passed Out at a Union Meeting With the Names of the Charging Parties Attached to it Did Not Implicate or Violate PERA; Commission Does Not Enforce Union Bylaws and Constitutions, Per Say.   

CU17 D-009, CU17 D-010, CU17 D-011, CU17 D-012

(no exceptions)
 

Failure to State Claim; Duty of Fair Representation

Clay Township -and- Michigan Association of Fire Fighters

Unfair Labor Practice Not Found: A Bargaining Unit Member’s Termination was Not Based on Unlawful Motive Violative of § 10(1)(c); Respondent Terminated Nine Fire Fighters in 2017, Including Charging Party, as a Direct Result of Their Inactivity, Not Because of Their Participation in PERA Protected Activities. 

C18 A-002

(no exceptions)

Service Employees International Union, Local 79 -and- Donna Johnson

Unfair Labor Practice Not Found: Commission Does Not Have Jurisdiction Over Private Employers; Failure to Respond to Show Cause Order May Warrant Dismissal of Charge. 

CU18 J-036

(no exceptions)

Jurisdiction; Failure to Respond to Show Cause

Unfair Labor Practice Not Found: Charging Party Failed to State a Valid PERA Claim; Commission Does Not Have Jurisdiction to Enforce State and Federal Statutes or Regulations Dealing With Workplace Safety or the Education of Students With Disabilities.

C18 I-087

(no exceptions)

Police Officers Association of Michigan -and- Kevin Burger

Unfair Labor Practice Not Found: Charging Party Failed to State Valid PERA Claim; Union’s Failure to Adequately Communicate with a Member Regarding a Grievance is not, in itself, a Breach of the Duty of Fair Representation. 

CU18 H-026

(no exceptions)

AFSCME Local 312 -and- Keir Jackson

Unfair Labor Practice Not Found: Charging Party Failed to State Valid PERA Claim; Even if the Union Failed to File a Grievance on Charging Party’s Behalf, Charging Party Failed to Prove That the Refusal was Based on Unlawful Motive and/or for Discriminatory Purposes. 

CU18 B-003

(no exceptions)

City of Detroit (Department of Transportation) -and- AFSCME Council 25, Local 312 -and- Jermaine Smith

Unfair Labor Practice Not Found: Charging Party Failed to State Valid PERA Claim; Failure to Respond to Show Cause Order May Warrant Dismissal of Charge.

C18 J-100 & CU18 J-038

(no exceptions)

Failure to State Claim; Failure to Respond to Show Cause