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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

19-L-2233-CE

(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

21-H-1537-CE

(no exceptions)

Commission Jurisdiction; Failure to State Claim