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November 2021
Name | Subject Matter | Date Issued | Case Number(s) | Topic(s) |
Zeeland Education Association -and- Jason Jalonszynski | Case Reversed and Remanded to ALJ: ALJ Improperly Found Summary Dismissal to be Appropriate Where Genuine Issues of Material Fact Existed and Remand For an Evidentiary Hearing Was Appropriate; Union's Refusal to Arbitrate One or More Grievances Due to Employee's Non-Member Status Could Constitute Improper Restraint and Coercion, as Well as Arbitrary and Discriminatory Conduct; A Union Can Be Found to Have Violated Section 10(2) Notwithstanding the Lack of a Finding That the Collective Bargaining Agreement Was Violated; Issue in a Case Involving Alleged Union Restraint and Coercion Under Section 10(2) is Not Whether Grievances Had Merit but the Reasons Why the Union Refused to Arbitrate Them. | 11/12/2021 | 21-C-0534-CU | Summary Disposition; Union Restraint or Coercion; Duty of Fair Representation; 10(2); Remand |
Wayne County (Dept of Public Services) -and- James Berry |
Unfair Labor Practice Not Found: Charging Party's Exceptions Fail to Comply With Requirements of Commission Rule 176; Charging Party Also Failed to State Valid PERA Claim. |
11/12/2021 | 21-A-0017-CE | Rule 176; Failure to State Claim |
City of Detroit (Dept of Transportation) -and- Amalgamated Transit Union Division 26 |
Motion for Reconsideration and Request to Supplement the Record Denied; Case Remanded to ALJ to Allow Both Parties the Opportunity to Litigate Facts Surrounding the Employer's Implementation of the Payroll Change and Whether a Proper Impasse was Reached. |
11/12/2021 | 20-A-0190-CE | Reconsideration; Remand |
City of Detroit (Fire Department) -and- Detroit Fire Fighters Association International Association of Fire Fighters, Local 344 |
Unfair Labor Practice Found: Respondent Engaged in Activities Meant to Harass a Bargaining Unit Member Based on His Activities as Union President; Prior Relevant Case Established That Respondent Harbored Anti-Union Animus Towards Charging Party; The Commission of Other Unfair Labor Practices by an Employer Relevant in Determining Motivation of Underlying Subsequent Conduct. | 11/4/2021 |
(no exceptions) |
Retaliation; Anti-Union Animus |
Peckham, Inc.-and- Lamiya Adel Mahdi |
Commission Does Not Have Jurisdiction Over Claims Involving Private Company; Charging Party Failed to State Remedial PERA Claim. |
11/4/2021 |
(no exceptions) |
Commission Jurisdiction; Failure to State Claim |