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October 2003
Name
|
Subject Matter
|
Date Issued
|
Case Number
|
14-A Judicial District Court -and- Teamsters Local 214 |
Unfair Labor Practice Found -Respondent Discriminated Against Union Members with Respect to Distribution of Overtime Work After Union's Complaint About Non-Bargaining Unit Members Performing Bargaining Unit Work; Respondent Failed to Establish that the Removal of Bargaining Unit Members from Overtime Schedule would have Occurred even in the Absence of Protected Activities |
10/15/03
(20 day order) |
C02 E-118 |
Southfield Public Schools -and- Southfield Association of School Administrators, SASA, AFL-CIO |
Unfair Labor Practice Not Found: Prima Face Case of Discrimination not Established - Double Hearsay Evidence Insufficient to Prove any Element of Prima Facie Case of Discrimination |
10/9/03
(20 day order) |
C01 G-141 |
Detroit Public Schools (Transportation Department) -and- Vicki Sanders |
Unfair Labor Practice Not Found -Charging Party did not Raise Cognizable PERA Issue When she Charged that Employer Treated her Differently than other employees; PERA Does Not Prohibit All Types of Discrimination or Unfair Treatment; Commission Not Charged with Contract Interpretation; No Evidence that Employer was Motivated by Union or Other PERA-Protected Activity; Charge Untimely as Not Filed Within Six Months of Challenged Action. |
10/09/03
(20 day order) |
C02 F-137 |
Detroit Public Schools -and- Detroit Federation of Teachers -and- Ida Stevenson |
Unfair Labor Practice Charge Not Found - Claim was Time-Barred - Claim Filed More Than 6 Months After Alleged Denial of Voting Rights in Election for Local School Chairperson; Allegation does Not State a Claim Under PERA - Selection of Representatives is an Internal Union Matter; Union's Duty of Fair Representation is Limited to Actions Having an Effect on Employment; Public Employer and Union May Agree to Require Payment of Union Dues or Service Fee by All Employees as Condition of Employment. |
10/9/03
(20 day order) |
C02 E-105 & CU02 E-026 |
Saginaw Transit Authority Regional Services -and- United Steel Workers of America, Local 9036 |
Unfair Labor Practice Charge Dismissed - Charge Under LMA Alleging Failure to Bargain in Good Faith Dismissed on Motion for Summary Disposition; Charge Untimely as Filed More than Six Months After Alleged Violation. |
10/9/03
(20 day order) |
C03 B-044 |
Wayne County Community College -and- Professional and Administrative Association, AFL-CIO -and- Gerald Payne |
Motion For Reconsideration Denied; Motion for Reconsideration Inappropriate Where Moving Parties Restate Same Arguments Presented in Exceptions |
10/8/03
(on Motion For Reconsideration) |
C01 A - 3 & C00 K-197 |
Riverview Community Schools -and- Riverview Education Association -and- Riverview Administrative Cabinet |
Petition for Unit Clarification Granted: Half-time Employee Position Eligible for Inclusion in Non-supervisory Unit; Borderline Supervisory Functions, No Authority to Effectively Recommend Hiring, Discharge or Discipline; Position Historically Within Unit, Therefore Should Remain in Unit Absent significant changed in Duties; Commission Policy is to Avoid Leaving Positions UN-represented When Possible |
10/8/03
|
UC99 J-038 |
Michigan State University -and- Clerical Technical Union of Michigan State University -and- Michael Garcia |
Unfair Labor Practice Not Found: ALJ Properly Limited Hearing to Oral Arguments; Motion For Summary Disposition Can be Made at Any Time During Hearing; Allegation of Forgery Does Not State a Claim Under PERA; No Evidence that Union Acted Arbitrarily, Discriminatorily, or in Bad Faith; No Evidence That ALJ Demonstrated Bias Towards Any Party; PERA Does Not Authorize Awards of Attorney Fees |
10/8/03
|
C02 D-093 & CU02 D-023 |
Tuscola County -and- Tuscola County Sheriff -and- Police Officers Labor Council |
Petition for Unit Clarification Denied: Lieutenant/Jail Administrator and Corrections Corporals Ineligible for Act 312 Arbitration - Actual Duties of Both Positions do not Involve Law Enforcement Functions or Policing Activity |
10/01/03
|
UC02 E-015 |
Lenawee Intermediate School District -and-Lenawee County Education Association, Lenawee Vocational Technical Education Association, MEA/NEA |
Petition for Accretion Election Dismissed: Teacher Assistants and Learning Assistants do Not Share Community of Interest With Certified Teaching Employees; Skills, Training and Job Duties of Assistants Not Substantially Different From Support-Type Positions, Which Are Paraprofessional in Nature and Inappropriate for Inclusion in Certified Teaching Unit; Commission Reserves Right to Add Unrepresented Employees to Unit Provided Sufficient Community of Interest; Commission Not Bound by Consent Election Agreement or Bargaining History Excluding Positions. |
10/01/03
|
R02 I-133 |
Michigan State Government This page last updated 01/09/04 |