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June 2025
Name | Subject Matter | Date Issued | Case Number(s) | Topic(s) |
Kalamazoo Valley Community College -and- Kalamazoo Valley Community College Faculty Association, AAUP/AFT | Unfair Labor Practice Not Found: ALJ Found That the Program Coordinator Position Was a New Position and Not the Same as the Museum Programs Coordinator as Alleged by the Association; Employer Did Not Violate PERA by Refusing to Recognize it as Part of the Association’s Bargaining Unit. Petition for Unit Clarification Granted: The Association’s Petition to Include the Program Coordinator and the Planetarium Specialist into its Bargaining Unit Granted; Positions Shared Some Community of Interest With Vacant Positions in the Bargaining Unit; It is MERC’s Policy to Avoid Leaving Positions Unrepresented. |
June 10, 2025 | 23-E-1033-CE -and- & 23-F-1060-UC | 10(1)(e); Unit Clarification; Community of Interest |
Amalgamated Transit Union Division 26 -and- Frank Lacey | Remand: MERC Agreed With the ALJ That a Union Has Broad Discretion to Decide How to Represent its Members and That Charging Party Failed to State Valid PERA Claims With Regard to Allegations Regarding Internal Union Affairs; MERC Disagreed That Charging Party Lacked Standing to Allege That the Union Breached its Duty of Fair Representation By Discriminatorily Refusing to Arbitrate the Grievance of Another Employee Due to His Failure to Pay Union Dues; A Union May Not Escape a Violation of its Duty of Fair Representation by Taking Arbitrary or Discriminatory Position Simply Because a Majority of its Members Want it to Do So; Case Remanded for Evidentiary Hearing and Development of Relevant Record Testimony. | June 12, 2025 | 23-L-1959-CU | Summary Disposition: Duty of Fair Representation; Standing |
Wayne County Juvenile Detention Facility -and- AFSCME Local 3317 -and- Rayiana McMiller-Copeland | Unfair Labor Practice Not Found: Failure to Respond to Dispositive Motion May Warrant Dismissal of Charge; Charging Party Failed to State Actionable Claim Against Either the Employer or the Union; Union Precluded From Filing a Grievance Challenging Charging Party’s Termination Because She Was a Probationary Employee. | June 25, 2025 (no exceptions) | 24-G-1327-CE & 24-G-1329-CU | Failure to Respond to Dispositive Motion; Duty of Fair Representation; Probationary Status |