October 2020

Jefferson Education Association
-and-
Micheal P. Centala 

Unfair Labor Practice Not Found: Failure to Respond to Motion for Summary Disposition May Warrant Dismissal of Charge; Reduction of Charging Party’s Salary Not Grounds for Violation of Duty of Fair Representation; Charging Party’s Dissatisfaction With Union’s Efforts Alone Cannot Establish a violation of PERA.

Failure to Respond to Motion for Summary Disposition; Duty of Fair Representation  

Beaumont Commons
–and-
SEIU Healthcare Michigan
-and-
Claudetta Sabally  

Failure to Respond to Show Cause; Commission Jurisdiction  

AFSCME COUNCIL 25, Local 1583
–and-
Christopher Szweda 

Unfair Labor Practice Not Found: Charging Party’s Dissatisfaction With Union’s Efforts Alone Cannot Establish a Violation of PERA. 

Unfair Labor Practice Not Found: Failure to Respond to Show Cause May Warrant Dismissal of Charge; Internal Union Matters Are Outside the Scope of PERA.  

Washtenaw Community College
-and-
Washtenaw Community College Education Association -and-
Alice Gannon-Boss 

Unfair Labor Practice Not Found: Charges Relate to Events That Occurred in 2019; Commission Has Strict Six-Month Statute of Limitations Period; Charging Party Failed to State Valid PERA Claim Against Either Respondent and Dismissal of Appropriate.  

Garden City Public Schools
-and-
Garden City Education Association, MEA/NEA

Unfair Labor Practice Not Found: Respondent Did Not Breach its to To Bargain in Good Faith By Arbitrating a Grievance Over the District’s Decision Not to Fill a Schedule B Position With a Certificated Teacher Who Applied for That Position; Case Does Not Involve a “Teacher Placement” Decision Governed by Section 15(3)(j) Because it Does Not Involve the Placement of a  Teacher Into a Teaching Position; Commission Found That the Plain and Ordinary Meaning of the Phrase “Teacher Placement” is Placement in a School, Course, Classroom, or Other Curricular Assignment; Commission Did Not Find Merit to Employer’s Position That “Teacher Placement” Relates to Any Placement Decision Concerning a Teacher Without Regard to Whether the Position is a Classroom Teaching Position, or a Non-Teaching Position; The Dissent Found That When the Union’s Discussions With the Employer Concerning a Prohibited Subject of Collective Bargaining Went Beyond the Talking Stage and an Arbitration Was Sought, the Union Committed an Unfair Labor Practice Under Section 10(2)(d) of PERA.

10/22/2020

CU18 F-020

15(3)(j); Teacher Placement

City of Detroit (Fire Dept) 
-and-
Detroit Fire Fighters Association, Local 44

Unfair Labor Practice Found: Employer Had Duty to Bargain With Charging Party Regarding its Ability to Use Data From the Zoll Monitor to Investigate Employees For Potential Disciplinary Action and/or to Support the Imposition of Discipline as it Was a Mandatory Subject of Bargaining; Matter Not Covered by the CBA, Therefore Employer Failed to Fulfill its Duty to Bargain and in Doing so, Violated PERA;  Employer Failed to Provide the Union With Either Notice Nor Opportunity for Bargaining Before Using the New Data From the Zoll Monitor to Investigate and Discharge Involved Employees; Union Had No Duty to Demand Bargaining Because the Issue in Dispute Was Presented as a Fait Accompli; The Dissent Argued That Regardless of Whether the Decision to Implement the Zoll Monitor or the Effects of the Decision Were Mandatory Subjects of Bargaining, the CBA Covered the Matter in Dispute and There Was No Duty to Engage in Further Bargaining; The Dissent Further Argued That Charging Party Failed to Make a Timely Demand to Bargain and Therefore, the Employer Had No Duty to Bargain Over its Decision to Use Zoll Monitors. 

10/22/2020

19-C-0479-CE

Duty to Bargain; Mandatory Subjects of Bargaining