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City of Detroit (Dept of Transportation) -and- Amalgamated Transit Union Division 26
Unfair Labor Practice Found: Commission Affirmed the ALJ's Determination That Respondent Violated Section 10(1)(e)by Failing to Bargain in Good Faith With the Union Regarding the Proposed Switch From Weekly Pay to Bi-Weekly; ALJ Erred When He Recommended that the Employer "Return the Bargaining to a Weekly Pay Schedule" and "Make Whole the Employees in the Bargaining Unit for Any Monetary Losses They Have Suffered by Reason of the City's Implementation of a Bi-Weekly Pay Schedule" Because No Implementation Had Occurred as of the Close of the ALJ Record; No Basis For Motion to Reopen the Record Because Facts Asserted All Involve Events that Occurred Subsequent to the Close of the Hearing.
|Duty to Bargain; 10(1)(e); Demand to Bargain; Covered by Contract; Ripeness; Motion to Reopen Record
City of Detroit (Law Department) -and- UAW 221, Public Attorneys Association
|Unfair Labor Practice Found: Commission Found That the Employer's Admitted Refusal to Implement a 2% Contractual Pay Increase was a Repudiation of the Contract, in Violation of Section 10(1) (e); Commission Also Found That the Change in Work Schedules/Shifts Did Not Constitute a Repudiation of the Contract Because There was a Bona Fide Dispute Over Both the Meaning and Applicability of Contract Terms; Commission Concluded That the Issue Should Be Handled Through the Parties' Grievance Procedure; Commission Also Rejected Employer's Economic Exigency Defense.
|Duty to Bargain; 10(1)(e); Repudiation; Covered By Doctrine; Economic Exigency