April 2004

Name	Subject Matter	Date Issued	Case Number
Charles Stewart Mott Community College - and - Service Employees International Union, Local 591	Unfair Labor Practice Charge Not Found - Charging Party Failed To Show By Preponderance of the Evidence That Employer Threatened And Intimidated Its Witness Into Not Testifying At Arbitration; Employer Testimony He Did Not Threaten Employee Is As Credible as Employee's Testimony That He Did; Not Necessary to Reach Issue of Commission Jurisdiction to Set Aside Arbitration Award.	4/29/04	C03 E-107
Clinton-Eaton-Ingham Community Mental Health Administration -and- Office and Professional Employees International Union, Local 459	Unfair Labor Practice Not Found- Employer Did Not Bargain In Bad Faith By Refusing to Execute Tentative Agreement Where Unresolved Significant Details Indicated Meeting Of The Minds Not Yet Reached Over Adjustment to Pay Scale; Repudiation of Tentative Agreement Not Per Se Bad Faith Bargaining Under PERA; No Evidence Employer Acted In Bad Faith Where Employer Made Union Aware Pay Scale Adjustments Would Have To Be Characterized as "Technical Wage Adjustments" And Not Wage Increases To Avoid Rejection By Board.	4/29/04	C02 J-234
City of Pontiac -and- Pontiac Professional Management Association -and- Karen Perry	Unfair Labor Practices Not Found - Failure to State a Claim Upon Which Relief Can Be Granted; Charge Failed to Assert Subsequent Claim That Employer Retaliated Against Charging Party for Filing a Grievance; Violations of Civil Rights Statutes are Outside PERA's Jurisdiction; Charging Party Successfully pursued Grievance Through Another Union, Therefore Any Failure to Represent by the Respondent Union is De Minimus.	4/29/04 (20 Day Order)	C02 J-236 & CU02 J-060
Lansing Entertainment & Public Facility Authority (LEPFA) -and-International Alliance of Theatrical Stage Employees, Moving Picture Technicians, Artists and Allied Craft (IATSE), Local 274	Petition for Self Determination Election Denied - Bargaining Unit of Full-time and Regular Part-time Employees Lack Sufficient Community of Interest with Unit of On-Call Employees to Form Single Unit. On-Call Employees Do Not Have Same Regularity or Continuity of Employment and Do Not Have Same Range of Duties	4/29/04	R03 B-28
Kalamazoo Municipal Employees Association -and- Tina Parker	Unfair Labor Practice Not Found- No Breach of Duty of Fair Representation; Insufficient Evidence to Conclude Union Grievance Chairperson and Union President Intended to Have Charging Party Disciplined for False Reasons; Evidence Insufficient to Demonstrate Grievance Chairperson and President Acted in Bad Faith.	4/9/04	CU03 A-006
American Federation of State, County and Municipal Employees, Council 25 and Local 1346 - and - Tringa Gojacj	Unfair Labor Practice Not Found - Alleged Breach of Duty of Fair Representation Dismissed Because Charging Party's Amended Charge Untimely; Charging Party Did Not Meet Six-Month Statute of Limitations.	4/9/04	CU03 E-024
City of Detroit (Police Department) and- Detroit Police Officers Association	Unfair Labor Practice Found- Duty to Bargain Over Promotion to Sergeant Rank Exists Despite Altering of Promotional Structure by Act 312 Arbitration Panel; Unilateral Change in Promotion Standards and Criteria Without Bargaining Constituted Failure to Bargain in Good Faith in Violation of PERA.	4/9/04	C02 K-249
Detroit Transportation Corporation - and - Otis D. Williams	Unfair Labor Practice Not Found- Charging Party Failed to State Claim For Which Relief Could Be Granted; Complaint Alleged Harassment and Discrimination But Did Not Allege Respondent Discriminated Based Upon Union Activity to Establish Violation of PERA.	4/9/04	C03 B-037
Michigan State Government Department of Energy, Labor & Economic Growth Bureau of Employment Relations This page last updated 05/04/04

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April 2004