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February 2021

Name Subject Matter Date Issued Case Number(s) Topic(s)
Howell Area Fire Authority -and- Michigan Association of Fire Fighters Petition for 312 Arbitation Dismissed: 2/19/2021 19-C-0498-CB Petition for 312 Arbitration

City of Kalamazoo (Dept. of Public Safety) -and- Caleb Dumond

Unfair Labor Practice Not Found: Charging Party Failed to State Valid PERA Claim; Failure to Respond to Show Cause Order May Warrant Dismissal of Charge.

2/12/2021

20-E-1518-CE

(no exceptions)

Failure to State Claim; Failure to Respond to Show Cause Order

County of Washtenaw -and- Tracey Smith

Unfair Labor Practice Not Found: Charging Party Failed to State a Valid PERA Claim; Employer Did Not Violate PERA by Failing to Provide a Policy Related to Charging Party's Discipline; Alleged Violation Under Section 10(1)(e) Cannot be Maintained by an Individual Charging Party; Charge Related to July 2019 Discipline Untimely Under the Commission's Strict Six-Month Statute of Limitations Period.  

2/12/2021

20-C-0740-CE

(no exceptions)

Failure to State Claim; Statute of Limitations                                     

Wayne County (Department of Public Services) -and- AFSCME Council 25, Local 101 -and- Alfred Washington

Unfair Labor Practice Not Found: Charging Party's Filings Fail to Provide Any Allegation that, if Proven True, Could Establish that the Union Acted in a Manner that was Arbitrary or in Bad Faith in Violation of PERA; An Actionable Claim Regarding Charging Party's Termination Untimely Under the Commission's Strict Six-Month Statute of Limitations Period. 

2/12/2021

20-I-1540-CE & 20-I-1541-CU

(no exceptions)

Failure to State Claim; Statute of Limitations                            

Detroit Retirement System -and- Lennie Jackson

Motion for Reconsideration Denied: Charging Party Presented Same Issues Previously Addressed by Commission in Prior Order; None of Charging Party's Arguments Alter the Fact that He Failed to State Any Valid PERA Claim.

2/9/2021 20-D-0750-CE Motion for Reconsideration
University of Michigan Health System and University of Michigan House Officers Association

Unfair Labor Practice Found: Employer Violated PERA by Unilaterally Making Parking Changes by Relocating Blue Parking Spots; The Changes Were Substantial Changes in Working Conditions and had a Material Impact on Unit Employees and Required the Employer to Bargain; By Refusing to Accede to the Union's Demand for Bargaining, the Employer Violated PERA; CBA Contains No Employee Parking Provisions Related to the Two Parking Lots to Which the Vast Majority of Changes Were Effectuated, and No Contract Language Addresses the Parking Issues in Dispute.

2/9/2021 19-H-1721-CE Mandatory Subject of Bargaining; Duty to Bargain; Dispute Not Covered by Contract

Wayne County -and- AFSCME, Council 25, Local 2926.01

Unfair Labor Practice Found: Charging Party's Initial Request for Job Descriptions Made Outside of PERA's Six-Month Statute of Limitations Period; Respondent's Delay of Six Months in Providing the Subsequently Requested Job Descriptions Violated Section 10(1)(e); The Circumstances Argued by Respondent Do Not Excuse its Significant and Excessive Delay in Providing Information Relevant Under PERA. 

2/8/2021

20-C-0490-CE

(no exceptions)
 

Statue of Limitations; Information Request; 10(1)(e)

Wayne County Airport Authority -and- AFSCME Council 25, Local 1690 -and- POAM

Unfair Labor Practice Found in Case No. 20-C-0596-CE-1: Respondent Violated Sections 10(1)(a) and (e) by Circumventing Charging Party as Exclusive Bargaining Representative and Dealing Directly With its Members.

Unfair Labor Practice Not Found in Case No. 20-C-0596-CE-2: Record Does Not Support a Finding That Respondent Unlawfully Transferred the Duties and Responsibilities of the ARC Supervisor Position to Lead Communication Specialist; An Employer's Decision to Unilaterally Transfer Duties From One Unit to Another Constitutes a Violation of the Duty to Bargain Only if it Can Be Established That the Work was Exclusive to the Members of the Bargaining Unit Bringing the Unfair Labor Practice Charge.  
2/2/2021 20-C-0596-CE-1 & 20-C-0596-CE-2 (no exceptions) Duty to Bargain; Transfer of Duties; Direct Dealing