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June 2004

Name
Subject Matter
Date Issued
Case Number
Detroit Public Schools,
-and- International Union of Operating Engineers, Local 547,
-and- Regina Tillman
Unfair Labor Practice Not Found - Employer Did Not Discharge Charging Party Due to Anti-Union Animus; Union Did Not Breach Its Duty of Fair Representation; Charging Party's Exceptions Relate to Arbitrator's Rulings; Commission Has No Authority to Alter an Arbitrator's Award; Motion to Reopen the Record Denied As Most Documents Were Available Before the Hearing and Would Not Require a Different Result.


6/30/04
 
C98 I-184 & CU98 I-45
Interurban Transit Partnership,
-and- Amalgamated Transit Union, Local 836
Unfair Labor Practice Found - Employer Failed to Bargain Over the Decision to Subcontract Unit Work; Employer Did Not Significantly Alter the Scope and Nature of Its Basic Operation; Employer's Decision to Subcontract Did Not Involve a Capital Investment; Subcontracting for Economic Reasons is Amenable to Bargaining; Employer is Required to Bargain Even if the Union Does Not Show the Decision to Subcontract Adversely Impacted the Bargaining Unit; Union Did Not Waive Its Right to Bargain Over the Decision to Subcontract.

6/30/04
C01 K-220
River Valley School District
-and- Michigan Education Association
Decision and Direction of Election - Employer Failed to Establish Need for More Than One Confidential Employee; Bookkeeper, PBX Operator, and Secretary to the Business Manager, Are Not Confidential Employees; Bookkeeper's Duty to Compile Wage Data Does Not Have a Critical Nexus to Labor Relations Negotiations; PBX Operator and Secretary to the Business Manager Have No Duties Related to Labor Relations; Close Physical Proximity to Confidential Information is Not Enough To Exclude Employees; Bus Mechanic Shares a Community of Interest with Members of Residual Unit; Petitioner Need Only Show Unit is Appropriate, Not Most Appropriate; Policy Not to Leave Positions Unrepresented.


6/30/04
 
R02 L-163
Christian Brothers Institute of Michigan, d/b/a Brother Rice High School
-and- Michigan Education Association

Motion for Reopening the Record and Reconsideration Denied; Motion for Stay of Election Denied; Employer's Arguments Do Not Differ Significantly from Arguments in Post-Hearing Brief; Argument Unrelated to Jurisdictional Issue in Commission's Decision.


6/30/04
R03 E-88
City of Pontiac (Public Utilities Department),
-and- AFSME, Council 25, Local 2002,
-and- Charles Lee Hutson
Unfair Labor Practice Not Found - Charge Untimely; Charge Filed Past Six-Month Statute of Limitations Period; Charge Fails to State a Claim upon Which Relief Can be Granted.


6/30/04
(20 day order)
 
C04 B-046 & CU04 B-014
36th District Court, - and - American Federation of State, County and Local Employees, Council 25 & Local 917 Unfair Labor Practice Not Found - Failure to Bargain Charge Dismissed As Moot Where Parties Entered Into a Collective Bargaining Agreement Ten Months After Filing of ULP Charge; Unnecessary to Decide Whether Supreme Court Has Authority By Court Rule MCR 3.106 to Regulate Terms and Conditions of Court Officer's Employment.

6/30/04
(20 day order)
C02 G-149
County of Macomb
-and- American Federation of State, County and Municipal Employees, Michigan Council 25 and Local 411
Unit Clarification - Employer Merged Programs Containing Bargaining Unit Positions with Programs Containing Similar but Non-bargaining Unit Positions; Petitioned for Unit Presumptively Appropriate Because Employer Does Not Take A Position With Respect to Appropriate Unit Placement; Accretion Without Election is Appropriate Because Petitioner's Bargaining Unit is the Only Appropriate Unit; Employees Have Common Duties, Location, Supervision, Wages, Benefits, Skills, Educational Requirements, and Function; Policy to Create the Largest Unit Sharing A Community of Interest.


6/29/04
 
UC 99 L-48
Wayne County
-and- American Federation of State, County and Municipal Employees, Council 25, and its Local 1659
Unfair Labor Practice Not Found - Employer Bargained in Good Faith; Employer Did Not Repudiate the Collective Bargaining Agreement when Calculating Salary Adjustments; Bona Fide Dispute Over the Meaning of the Written Contract Exists; Motion to Reopen the Record Denied as it Would Not Require a Different Result.
6/18/04
(20 day order)
C02 G-159
Detroit Federation of Teachers
-and- David L. Martin
Unfair Labor Practice Not Found - Union Did Not Breach Its Duty of Fair Representation; Contract Does Not Require Union to Obtain Charging Party's Consent or Give Charging Party Notice to Extend Time Limit for Processing Charging Party's Medical Appeal; Union Not Required to Allow Charging Party's Physician to Assist in Selecting a Medical Specialist to Evaluate Charging Party Because Union and Charging Party Were Able to Agree on a Medical Specialist; Grievance Protesting Employer's Decision to Discontinue Charging Party's Assault Pay and Sick Leave Benefits Unnecessary Because Union Initiated a Medical Appeal.

 


6/04/04
(20 day order)
CU03 F-028

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

This page last updated 07/29/04