June 2021

Wayne State University -and-
American Association of University Professors

Unfair Labor Practice Not Found:  No duty to Bargain Further Where Matter 'Covered By' the Agreement; Parties Each Articulated a Credible Interpretation of the Relevant Contract Language and, Therefore, No Cognizable Claim Under PERA was Stated; Under Such Circumstances, Charging Party is Left to its Contractual Remedies; Given that the Collective Bargaining Agreement Authorized Respondent to Negotiate Directly with Individual Employees, There Can be No Legitimate Claim of Direct Dealing.

20-G-1052-CE 

(no exceptions)

Unilateral Change; Direct Dealing

Petition for Election Denied: Commission Found That the Mutually Ratified Agreement Did Not Constitute a Premature Extension Under §14(1).  Petitioner Had Opportunity to File During Open Window Period and After Expiration of the First 3 Years of the Initial 5-Year Agreement; The Fact That the Incumbent Union Renegotiated and Ratified a Subsequent Agreement After Expiration of the 3-Year Protected Period of Initial Contract Did Not Meet Definition of a "Premature Extension" Under §14; Commission Dismissed the Rival Union's Representation Petition as Barred and Untimely.

Petition for Election; Premature Extension

Wayne County
 -and-
Michigan Associaton of Public Employees
-and-
American Federation of State, County & Municipal Employees, Michigan Council 25, Local 1456

Petition for Election Denied: A 30-Day Election Bar Existed When the Employer and Incumbent Union Reached a TA on Contract Negotiations on Same Day That a Rival Union Filed a Petition For Representation Election Involving That Same Unit; Due to Processes Used During the Virtual Bargaining Setting Caused by COVID-19, the Parties' TA was Complete and Sufficient to Trigger 30-Day Grace Period; The TA was Fully Ratified and Adopted by the Parties Prior to the Expiration of the 30-Day Grace Period; The Dissent Argued That the TA was Not a Complete Written CBA or Executed By the Authorized Representatives of the Parties as Required By Longstanding Commission Precedent.   

20-L-1803-RC

Petition for Election; Contract Bar