March 2021

Wayne County Community College District -and- Jeffrey Brown

Unfair Labor Practice Not Found: Charging Party Failed to Explain the Connection Between His Protected Activities and Actions Taken By the College; To Find Anti-Union Animus on the Basis of This Record Would Be to Inappropriately Engage in Speculation; Record Devoid of Evidence That Charging Party was Subjected to Any Adverse Employment Action; Charging Party's Contention That the College Failed to Hire Him for a Full-Time Faculty Position Untimely; Commission Has Strict Six-Month Statute of Limitations Period. 

19-K-2166-CE

(no exceptions)

Section 10(1)(c); Adverse Employment Action; Statute of Limitations Period

City of Detroit Fire Department   -and- Detroit Fire Fighters Association Local 344 -and- Bryan Clayborn

Unfair Labor Practice Not Found: Charging Party Improperly Seeking to Assert Facts and Evidence That are Not Part of the Record; No Basis for Motion to Reopen Record Pursuant to Rule 166(1) Because No Hearing Previously Held; Rule 172 Does Not Provide a Basis for Charging Party's Request that the ALJ Grant His Application for a Subpoena Because the ALJ Already Issued a Decision and Recommended Order; Failure to Respond to Show Cause Order May Warrant Dismissal of Charge. 

City of Detroit Fire Department   -and- Detroit Fire Fighters Association Local 344 -and- Bryan Clayborn

Unfair Labor Practice Not Found: Commission Does Not Exercise Jurisdiction Over Claims Involving HIPPA Rights; Charging Party Failed to Amend Charge to Allege that His Discharge was in Retaliation for Filing a Previous ULP; Even Assuming Charging Party Had Alleged Discrimination in Violation of Section 10(1)(d) Before the ALJ, None of His Pleadings Assert the Requisite Animus Toward His Protected Activity Necessary to Survive Summary Disposition; Charging Party Failed to Make Any Specific Claim as to What Action or Inaction By the Union May Have Violated its Duty of Fair Representation, Therefore Dismissal of Charge Appropriate.