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September 2002

Name
Subject Matter
Date Issued
Case Number
University of Michigan
-and-AFSCME Council 25 and Local 1583
-and - Curtis Granderson
Unfair Labor Practice Not Found; Charges Dismissed As Untimely; Good Cause For Failure to File Timely Charges Not Shown
9/24/02
(20 day order)
C02 C-071& CU02 C-014
Dearborn Board of Education
-and- Dearborn Federation of School Employees, Local 4750
-and- Carolyn Saj, Elaine Kujansuu, Sandra Mondro, Michele Dzingle, and Linda Knowles
Unfair Labor Practice Not Found; Failure to Charge or Prove Violation of PERA Against Employer; Duty of Fair Representation - Union Did Not Have a Duty to Solicit Reclassification Applications From Members; Union Refusal to Process Grievance Was Justified


9/20/02
(20 day order)
 
C01 H-160, C01 H-161, C01 H-166, C01 H-167, C01 H-168 CU01 H-041, CU01 H-042, CU01 H-046, CU01 H-047 & CU01 H-048
Detroit Public Schools
-and- Greater Detroit Building and Construction Trades Council
-and- Laborers Local 334
-and- Thomas J. Jackson
Unfair Labor Practice Not Found; Failure to State Claim Under PERA; Charge Against Employer Time-Barred; Duty of Fair Representation - Charging Party Did Not Ask Either Union to File Grievance On His Behalf, Nor Did Unions Have Authority to Do So; Council Did Not Treat Charging Party Unfairly; No Evidence to Support Allegations of Harassment Against Laborers Union
9/19/02
(20 day order)
C01 J-211, CU01 J-056 & CU01 L-064
Wayne State University
-and- Service Employees International Union, Local 177M
-and- Derrick Fields
-and- Linda L. Fields
Unfair Labor Practice Not Found-- Retaliation; Not Necessary For ALJ to Interpret Parties' Collective Bargaining Agreement to Determine Charging Party Was Not Suspended In Retaliation For Protected Activities; Charging Party Failed to Sustain Burden of Proof That Protected Activity Was Motivating Factor in His Suspension and Demotion; Duty of Fair Representation -- Evidence Clear That Union Kept Charging Party Informed and That Grievance Not Pursued to Arbitration Due to Lack of Merit; Discrimination --No Evidence of Union Animus or Hostility Toward Member's Protected Rights
9/12/02
 
C00 E-88, C00 G-135 & CI G-27
Benton Harbor Area Schools
-and- Michigan Education Association
-and- Betty Whitfield-Mitchell
Unfair Labor Practice Not Found-- Duty of Fair Representation; Union's Interpretation of Contract Not Arbitrary; Evidence Insufficient to Show That Union Acted in Bad Faith or Irrationally When it Refused to Take Grievances to Arbitration; Failure to State Claim Against Employer Under PERA
9/4/02
(20 day order)
C01 A-1 & CU00 G-26
Detroit Public Schools
-and- William T. Sheets.
Unfair Labor Practice Not Found-- Discrimination; Burden of Proof Not Sustained That Motivation Behind Release From Assignment Was Based on Exercise of Rights Protected By PERA
9/4/02
(20 day order)
C01 H-159
Dearborn Public Schools
-and- Dearborn Federation of School Employees, Local 4570

Direction of Election; Petitioner's Unit of Non-Instructional Support Personnel is Presumptively Appropriate; Commonality of Interest between Cable Television Supervisor Assistant, Petitioner's Unit and Unrepresented Employees Does Not Prevent Accretion to Petitioner's Unit

9/5/02
R01 J-133
City of Royal Oak Police Department
-and- Royal Oak Police Officers Association
Direction of Election; Expired Contract Language Excluding Employees from Unit Does Not Bar Accretion Election Absent Express Promise by Union Not to Seek to Represent Excluded Employees
9/4/02
R02 B-030
Ferris State University
-and- Ferris Faculty Association, MEA/NEA
Petitions Dismissed -- Fragmentation of Established Bargaining unit Prohibited Without Evidence that Unit is Per Se Inappropriate or of Extreme Divergence of Community of Interest
9/3/02
UC00 E-19 & R01 F-078

Bureau of Employment Relations
Department of Energy, Labor & Economic Growth
Michigan State Government

This page last updated 2/12/03