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July 2022

Name Subject Matter Date Issued Case Number(s) Topic(s)
Detroit Association of Educational Office Employees
-and-Cheryl Conway

Unfair Labor Practice Not Found: Charging Party’s Allegation That Respondent Breached its Duty of Fair Representation By Failing to Take Action on Her Behalf With Respect to Issues Arising From Her COVID-19 Diagnosis and Termination Not Indicative of a PERA Violation; Charging Party Knew or Should Have Known That Respondent Had Taken No Action on Her Behalf More Than Six Months Prior to the Filing of the Charge; Commission Has Strict Six Month Statute of Limitations Period.

7/5/2022 21-K-2140-CU Duty of Fair Representation; Statue of Limitations
Detroit Public Schools Community District
-and-
Detroit Association of Educational Office Employees
Petition Denied: Executive Administrative Specialist Position Historically Excluded From Petitioner’s Unit on the Basis of Confidentiality; Petitioner’s President Testified That She Was Aware of the Position Since 2018, But Failed to File for Unit Clarification at That Time; Petition Therefore Untimely and Inappropriate. 7/15/2022 21-D-0915-UC-02 Confidential Exclusion
AFSCME Council 25
-and-
Senoj Hunter

Unfair Labor Practice Not Found: Charging Party’s Failure to Respond to Show Cause Order May Warrant Dismissal of Charge; Charging Party’s Allegation That the Union Violated FOIA By Not Responding to Her Document Requests Fails to State a Valid PERA Claim; A Delay in Processing a Grievance is Not a Breach of the Union’s Duty of Fair Representation Where the Delay Does Not Result in the Grievance Being Denied; Commission Also Does Not Have Jurisdiction Over Internal Union Matters.

7/29/2022 22-B-0388-CU
(no exceptions)
Failure to Respond to Show Cause Order; Failure to State Claim; Commission Jurisdiction