December 2001

Name	Subject Matter	Date Issued	Case Number
City of Lansing -and- Carl Schlegel, Inc., and Associated Builders and Contractors of Michigan	MERC Lacks Subject Matter Jurisdiction Over Private Sector Employers or Employees of Private Sector Employers for Alleged PERA Violation	12/21/01	C99 L-226
Hazel Park Harness Raceway, Inc., Hartman & Tyner, Inc., Racing Concessions, Inc., and Race Track Operators, LTD -and- Hotel Employees and Restaurant Employees Union, Local 24, AFL-CIO	Commission Entitled to Assert Subject Matter Jurisdiction-Functional Integration and Substantial Racetrack Interference With Food Service Operations, Food Service Employees Essentially Seasonal in Nature; Unfair Labor Practice Found-Refusal to Hire Employees Because of Prior Union Affiliation and/or Activity	12/21/01	C96 C-52
Oakland County -and- Oakland County Mental Health Authority -and- Douglas G. Nichols	Unfair Labor Practice Not Found; No Absolute Right to Use Employer's E-mail System	12/21/01	C98 K-230
City of Taylor -and- Command Officers Association of Michigan -and- Police Officers Labor Council	Direction of Election - Contract Bar Period Begins on Date of Execution of Document Evidencing the Collective Bargaining Agreement of the Parties	12/20/01	R01 G-098
St Clair County Road Commission -and- St Clair County Road Commission Administrative and Technical Employees Association	Unit Clarification; Executive Status - Deputy Managing Director Does Not Qualify; Position is Subordinate to Managing Director, Has Limited Authority in Significant Areas, Does Not Directly Participate in Budget Process, Has Only Consulting Role in Personnel Matters; Has Minimal Participation in Labor Relations Matters and Negotiating Contracts, Does Not Formulate or Determine Management Policies on Employer-Wide Basis	12/20/01	UC00 F-24
Swartz Creek Community Schools -and- Swartz Creek Executive Secretaries Association -and- American Federation of State, County, and Municipal Employees, Council 25	Unit Clarification; Data Entry Single Record Database Secretary Shares Community of Interest with Both Petitioner and Intervenor Labor Organizations; Deferral to Employer's Unit Placement Proper	12/20/01	UC00 H-29
Northville Public Schools -and- Northville Public Schools Employee Association -and- International Union Of Operating Engineers, Local 547	Direction of Election; Broad Nonsupervisory, Noninstructional Support Unit Sought by Petitioner Presumptively Appropriate; Facts Insufficient to Establish Extreme Divergence of Community of Interest or to Destroy Presumption, Especially in Light of Lengthy Bargaining History of Unit	12/20/01	R01 G-081
City of Detroit (Fire Dept) -and- Detroit Fire Fighters Association, IAFF, Local 344	Exceptions not Filed in Compliance with Commission Rules, Not Considered; Unfair Labor Practice Found - Duty to Bargain; Workplace Violence Response Teams Mandatory Subject of Bargaining; Part of Disciplinary Procedure As Responsible for Investigating Incidents of Alleged Workplace Violence, and Making Findings of Fact Based on Investigation; Union Did Not Have Sufficient Information to Present a Bargaining Demand; No Unlawful Direct Dealing With Union Members Found - No Bargaining Demand Made by Union Over Statements Employees Required to Sign	12/6/01	C00 F-99

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December 2001