August 2020

Amalgamated Transit Union, Local 1564
-and-
Josh Campbell

Unfair Labor Practice Not Found: Commission Does Not Have Jurisdiction Over Internal Union Matters; Failure to Respond to Show Cause Order Warrants Dismissal of Charge. 

08/4/2020

20-C-0539-CU 

Internal Union Matters; Failure to Respond to Show Cause Order

Michigan Education Association
-and-
Steve Fox

Unfair Labor Practice Not Found: Failure to Respond to Show Cause Order and Failure to Appear at Hearing Grounds for Dismissal of Charge. 

8/4/2020

20-A-0145-CU

Failure to Respond to Show Cause Order; Failure to Appear at Hearing

City of Grayling
-and-
POAM
-and-
Todd Hatfield

Unfair Labor Practice Found: Commission Found That Charge Against Employer should be Dismissed; Charging Party Failed to Establish a Prima Facie Case Under §10(1)(c) Because the Record was Devoid of Any Direct Evidence to Establish That Director Baum Harbored Anti-Union Animus; Suspicious  Timing  Not  Sufficient,  By  Itself,  to  Establish  Unlawful  Motive; Commission Did Find, However, That the Union Breached its Duty of Fair Representation When it Would Not File a  Grievance  Over  Charging Party's  Loss  of  Seniority and Reclassification as a Probationary Employee, and  By Not Filing a Grievance Over His Discharge; Unit Clarification Petition Filed Seeking Removal of Charging Party's Position From the Bargaining Unit Remained in Active Status With Commission Until it Was Withdrawn in February 2019 and Charging Party's Position was not Properly Removed from Unit;  Even if Charging Party's Position Were Properly Removed?, Union Still Owed Him a Duty of Fair Representation as a Result of the Seniority He Held as a Police Officer and Fireman; The  Commission Found That the  Union Treated  Charging  Party  With  Hostility  and Found That  Charging Party Should Not Have Lost  His  Seniority, Nor Should  He  Have  Been  Classified  as a  Probationary  Employee; Commission Remanded  Case  to  the  ALJ  for the  Purpose of Issuing  an Order Recommending  That the  Employer and the  Union  Arbitrate  the  Merits  of Charging Party's  Discharge Pursuant  to Article  4, the Grievance  Procedure, of the  CBA; The Commission Further Held that Should the City Fail to Consent to Arbitration, the Commission Will, in Accordance with the Goolsby Decision, Require the Union to Pay Charging Party for all Damages.  In His Dissent, the Commission Chair Disagreed With the Remedy Posed by the Majority and Reasoned That, as the National Labor Relations Board has Recognized in its Alamillo Steel Jurisprudence, there is No Basis for Providing Back Pay to an Employee Absent a Showing that the Breach of the Duty of Fair Representation Resulted in the Denial of Pay to that Worker.

8/11/2020

C18 C-022 & CU18    C-005

§ 10(1)(a); § 10(1)(c); Duty of Fair Representation