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August 2021

August 2021

  1. Bureaus & Agencies
  2. Bureau of Employment Relations
  3. Michigan Employment Relations Commission
  4. MERC Decisions
  5. 2021
  6. August 2021
Name Subject Matter Date Issued Case Number(s) Topic(s)

University of Michigan -and- AFSCME Council 25, Local 1583 -and- Adina Eddins

Unfair Labor Practice Not Found: Failure to Respond to Show Cause Order May Warrant Dismissal of Charge; The University's Decision to Not Allow Charging Party or Her Fellow Operators to Telework During the Pandemic Not Remedial Under PERA; The Commission Will Not Find an Unfair Labor Practice on the Grounds That a Member is Dissatisfied With Their Union's Efforts. 

8/13/2021

21-C-0693-CE & 20-C-0650-CU 

(no exceptions)
 

Failure to Respond to Show Cause; Failure to State Claim

City of Detroit (Dept of Trans) -and- AFSCME Council 25 -and- Kelly Key

Unfair Labor Practice Not Found: Charging Party's Filings Do Not Contain Any Factual Allegations to Explain Why He Believes His Employer or Union Committed an Unfair Labor Practice in Violation of PERA; Charging Party's Allegations of an Uncomfortable or Hostile Working Environment Outside Scope of Commission Jurisdiction.   8/13/2021

21-E-1017-CE & 21-E-1077-CU

(no exceptions)
 

Failure to State Claim; Commission Jurisdiction

Grand Rapids Community College -and- College Employees Benefit Association -and- John Hunt

Unfair Labor Practice Not Found: Charging Party Failed to Allege Material Facts to Indicate a Breach of Duty of Fair Representation by the Union or Breach of the Contract by the Employer; Union's Decision to Not File Grievance Over Charging Party's Termination Not Arbitrary or in Bad Faith.

8/13/2021

21-D-0919-CE & 21-D-0950-CU

(no exceptions)
 

Failure to State Claim; Duty of Fair Representation

Great Lakes Water Authority -and- Senior Water Systems Chemist Association

Unfair Labor Practice Not Found: Tentative Agreement Reached by the Parties Explicitly Provided that Ratification by the Governing Board was a Requirement; Record Devoid of Evidence that the Board's Decision to Reject the Tentative Agreement was in Bad Faith or in Violation of its Duty to Bargain; Rare for Commission to Find a Public Employer to be Bound by Terms in a Tentative Agreement Which its Governing Body Never Ratified. 

8/13/2021

21-J-1546-CE

(no exceptions)
 

Duty to Bargain; Tentative Agreement

University of Michigan -and- AFSCME Council 25, Local 1583 -and- Jacquelyn Leath

Unfair Labor Practice Not Found: Failure to Respond to Show Cause Order May Warrant Dismissal of Charge; Charging Party Failed to Allege Material Facts to Indicate a Breach of Duty of Fair Representation by the Union or a Violation of PERA by the Employer. 

8/13/2021

21-E-1149-CE & 21-E-1152-CU

(no exceptions)
 

Failure to Respond to Show Cause; Duty of Fair Representation 
Regents of the University of Michigan -and- University of Michigan Professional Nurse Council, Independent Union -and- Michigan Nurses Association and its University of Michigan Professional Nurse Council Motion for Reconsideration and Request for Stay Denied: Incumbent Union Challenges Commission's Order Based on Bureau Director's Administrative Determination as to the Adequacy of the Show of Interest Used to Support the Underlying Representation Petition; Incumbent Restates Issues Already Addressed in Prior Order.  8/10/2021 21-C-0630-RC

Representation; Motion for Reconsideration; Stay

City of Grayling -and- Police Officers Association of Michigan -and- Todd E. Hatfield Order on Remand: Court of Appeals Remanded to ALJ to Determine Portion of Damages Resulting From POAM's Failure to Represent Charging Party and to Order POAM to Pay Those Damages. 8/3/2021 C18 C-022 & CU18 C-005 Remand; Duty of Fair Representation

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