September 2019

Marion Education Association and Michigan Education Association -and- Marion Public Schools

Unfair Labor Practice Not Found: Respondent’s Did Not Breach Their Duty to Bargain Under § 10(2)(d) by Attempting to Arbitrate Grievance Over the Nonrenewal of a Teacher’s Annual Contract for Extracurricular Employment as a Track Coach; § 15(3)(m) Makes the Discipline or Discharge of a Public School Employee Whose Employment is Regulated by the Teachers’ Tenure Act a Prohibited Subject of Bargaining; The State Tenure Commission Has No Jurisdiction Over Discipline Regarding Annual Assignments of Extra Duty for Extra Pay.

Eastern Michigan University -and- Eastern Michigan University, American Association of University Professors (EMU-AAUP)

Unfair Labor Practice Not Found: Both Charging Party’s Direct Dealing and Contract Repudiation Allegations Dismissed Because the Parties Have a Bona Fide Dispute Over the Interpretation of an Article of the CBA; Respondent Did Not Repudiate the CBA by Extending a Faculty Member’s Voluntary Phased Retirement Beyond its Original End Date; No Merit to Charging Party’s Contention That Respondent Violated its Duty to Bargain by Engaging in Unlawful Direct Dealing with a Faculty Member Over the Terms of the Faculty Member’s Voluntary Phased Retirement.

C18 K-105

(no exceptions)

Detroit Housing Commission -and- Operating Engineers Local 324 -and- Tarina Card

Unfair Labor Practice Not Found: Charging Party’s Failed to State a Valid PERA Claim; Charging Party Offered No Proof or Theory as to How Respondent Union’s Determination That Charging Party’s Workplace Complaints Were Not Contractual Issues That Could Be Grieved, Was Unreasonable or Unlawful Under PERA; Charging Party Was Not Able to Establish That the Subject of Her Grievance Was Based on a Breach of the Contract by Respondent Employer.

C18 J-095 & CU18 J-033

(no exceptions)

Unfair Labor Practice Not Found: Charge Untimely as Charging Party’s Termination and Arbitrator’s Denial of Grievance Filed Over Termination Occurred More Than Six Months Prior to Filing; Commission Has Strict Six-Month Statute of Limitations Period; Even if Charges Were Timely Filed, Dismissal Appropriate Because Charging Party Failed to State a Valid PERA Claim Against Either Respondent.