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January 2019
Name | Subject Matter | Date Issued | Case Number | Topic(s) |
Howell Area Fire Department -and- Michigan Association of Fire Fighters |
Petition For Election Granted: Part-Time Fire Fighters Who Worked Regularly Scheduled Weekday Shifts on aa Continuous Basis Are Regular Part-Time Employees and are Entitled To Organize; Regularly Scheduled Part-Time Firefighters Had a Sufficiently Substantial and Continuing Interest in Their Employment to Justify Inclusion in a Collective Bargaining Unit; On-Call Fire Fighters, Unlike the Regularly Scheduled Part-Time Firefighters, Did Not Work Consistently and Lacked a Reasonable Expectation of Continued Employment. Under § 13 of PERA, Regularly Scheduled Part-Time Firefighters Who Serve as Assistant Chief When Working On-Call Cannot Be Excluded from the Bargaining Unit Because of Their Supervisory Authority Because They Are Subordinate to the Employer’s Fire Chief and Deputy Chief. |
1/22/19 | R18 H-065 |
Representation; Regular Part-time Employee; Fire Fighter (MCL 423.213); Supervisor Status |
City of Detroit -and- AFSCME Council 25, AFL-CIO -and- Association of Professional Construction Inspectors |
Commission Directed Election: Commission Ordered Election as to Whether All Full-Time and Regular Part-Time Senior Construction Inspectors, Construction Inspectors, Seasonal Construction Inspectors, and Material Lab Technicians Wished to Be Represented By Petitioner; Petitioner Established an Adequate Showing of Interest; The Showing of Interest Accompanying the Petition Not Dispositive of the Issue of Representation. |
1/18/19 | R18 J-078 | Petition for Election; Showing of Interest |
Utica Community Schools -and- Utica Education Association -and- Utica Federation of Teachers, AFT Michigan |
Unfair Labor Practice Found: UEA Violated § 15(3)(j) by Demanding That the Employer Arbitrate its Grievance Challenging the Staffing of the Alternative Learning Center; Decisions With Respect to Teacher Placement, a Prohibited Subject of Bargaining, are Within the Sole Discretion of the Public Employer; Employer Did Not Violate § 10(1)(e) by Unilaterally Deciding to Assign Teaching Duties to Members of the UFT Bargaining Unit, to the Exclusion of UEA Members, Where UEA Members Did Not Exclusively Perform the Work in the Past. |
1/18/19 | C15 J-131 & CU15 L-045 | Duty to Bargain; Exclusivity Rule; Prohibited Subjects of Bargaining |
Wayne County Sheriff’s Association/Police Officers Association of Michigan (POAM) -and- Antionette Loyd |
Motion for Reconsideration Denied: Charging Party Expressed Disagreement with Commission’s Decision; Charging Party’s Argument Without Merit. |
1/17/19 | CU18 E-012 | Duty of Fair Representation; Reconsideration |
Hurley Medical Center -and- Registered Nurses and Pharmacists Association |
Unfair Labor Practice Found: Employer Breached Its Duty to Bargain in Good Faith When It Limited Any Proposed Meeting to Answering the Union's Questions about the Employer's Last Bargaining Proposal and Refused to Meet for Negotiations; Employer Violated Its Duty to Bargain by Repeatedly Attempting to Limit the Union's Choice of Representatives at Proposed Meeting; Whether or Not the Parties Were at Impasse, Prior to the Employer's Submission of Its Last Proposal, the Fact That Proposal Contain Terms Not Previously Discussed by the Parties Broke Any Impasse; the Employer Had a Duty to Bargain over the Changes in Its Proposal; ALJ Properly Granted the Union's Motion for Summary Disposition When the Employer Failed to Establish the Existence of Material Facts in Dispute. | 1/2/19 | C17 G-066 |
Duty to Bargain; Impasse; Summary Disposition |