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 Department of Energy, Labor & Economic Growth Bureau of Employment Relations This page last updated 01/09/04

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October 2003