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| Name | Subject Matter | Date Issued | Case Number(s) | Topic(s) |
|
Amalgamated Transit Union, Local 1564 |
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 |
Internal Union Matters; Failure to Respond to Show Cause Order |
|
|
Michigan Education Association |
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 |
Failure to Respond to Show Cause Order; Failure to Appear at Hearing |
|
|
City of Grayling |
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Removal of Charging Party's Position From the Bargaining Unit Remained in Active Status With Commission Until it Was Withdrawn in February 2019 and Charging Party's Position was not Properly Removed from Unit; Even if Charging Party's Position Were Properly Removed?, Union Still Owed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 |
§ 10(1)(a); § 10(1)(c); Duty of Fair Representation |