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November 2003

November 2003

Name
Subject Matter
Date Issued
Case Number
Macomb Community College Faculty Organization
-and- John C. Bonnell		 Unfair Labor Practice Not Found: No Breach of Duty of Fair Representation; No Adverse Action Taken Against Employee When Union Never Compelled Member to Pay Full Union Dues During Period of Disciplinary Suspension; No Discernible Impact on Employment Relationship; Union Dues and Method of Calculation Are Internal Union Matters; No Evidence That Union Acted Arbitrarily, Discriminatorily, or in Bad Faith, or that Union Deviated From Past Practice Regarding Calculation of Dues.
11/19/03
(20 day order)
 CU02 B-007
Macomb County
-and- Marvin M. Zimmer		 Unfair Labor Practice Not Found: Employer Properly Refused to Bargain With Union Member Individually; Union Employee Compensation is Determined by Collective Bargaining Agreement and may Differ From Compensation for Non-Union Employees.

 
11/19/03
(20 day order)
 C03 B-025
Detroit Public Schools
-and- Organization of School Administrators and Supervisors		 Unfair Labor Practice Found: Employer Unlawfully Discriminated Against Employee For Engaging in Protected Activity of Complaining About Alleged Contract Violations; by Removal of Employee's Title and Job Duties, Requiring Employee to Perform New Duties, Unusually Scrutinizing Employee's Work, Docking Her Pay, and Assigning Her Fixed Working Hours; Employer Demonstrated Hostility Toward Employee's Protected Conduct and Did Not Provide Sufficient Anti-Discriminatory Motive For Conduct; Adverse Inference Drawn For Failure to Call Witness Assumed to Be Favorable; Timing of Employer Action in Relation to Protected Activity Considered. Unfair Labor Practice Not Found: Employer Did Not Discriminate Against Employee By Reassigning Office Space or Refusing to Provide Work Phone When Legitimate Reason Demonstrated and No Evidence of Disparate Treatment Presented.
11/19/03
(20 day order)
 C02 C-056
City of Grand Rapids
-and- Grand Rapids Employees Independent Union		 Unfair Labor Practice Not Found: No Evidence Employer Bargained in Bad Faith by Withdrawing its Proposal and Refusing to Accept Union's Proposal; Union Was Aware That Employer Proposal Was No Longer Viable And That Acceptance of Union Proposal Was Conditioned on Reaching Agreement on Entire Contract.
11/19/03
(20 day order)
 C02 C-073
Buena Vista Schools
-and- Buena Vista Education Association, MEA/NEA		 Unfair Labor Practice Not Found: Where There Was No Meeting of the Minds, Employer Not Required to Implement Disputed Provision


11/18/03
 
 C02 B-050
Meridian Charter Township
-and- Teamsters Local 214		 Petition For Certification Denied: Employees Who Possess Routine Responsibility to Direct or Assign Work With no Other Indicia of Supervisory Authority Are Not Supervisors and not eligible for inclusion in supervisory unit

11/18/03
 UC01 L-041
City of Adrian
-and- American Federal of State, County, and Municipal Employees (AFSCME), Michigan Council 25, AFL-CIO		 Direction of Election; Non-Supervisory Bargaining Unit Must Include Library Assistant III Position; Library Assistant III Position's Limited Authority To Direct Daily Work Of Other Employees And Make Routine Work Assignments Is Insufficient To Establish Supervisory Authority; Position Is Not Supervisory Where Position Lacks Authority To Responsibly Direct Other Employees, To Hire, To Formally Discipline Or To Effectively Recommend Such Action.


11/17/03
 
 R03 A-05
Atlas Township -and- Michigan Association of Fire Fighters -and- Steve Bullen Decertification Petition Barred; Timely Act 312 Petition Bars Decertification Petition Where Employees Had Time, but Failed, to File for Decertification Between Expiration of Certification Year and Filing of Act 312 Petition
11/17/03
 R03 E-86

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

This page last updated 01/22/04