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November 2004

November 2004

  1. Bureaus & Agencies
  2. Bureau of Employment Relations
  3. Michigan Employment Relations Commission
  4. MERC Decisions
  5. 2004 MERC Commission Decisions Issued
  6. November 2004
Name
Subject Matter
Date Issued
Case Number
City of Detroit (Public Lighting Dept), -and- American Federation of State, County and Municipal Employees, Local 207 Unfair Labor Practice Found - Employee Engaged in Protected Activity When He Gave His Supervisor a Letter Regarding Enforcement of the Collective Bargaining Agreement; Employee Did Not Leave His Assigned Work Area Without the Required Authorization; Employee Did Not Violate Employer's Policy Prohibiting Union Business During Working Hours.


11/10/04
(20 day order)
 
C03 J-223
City of Detroit (Health Dept),
-and- American Federation of State, County, and Municipal Employees, Council 25,
-and- Doris O. Knight
Unfair Labor Practice Not Found - Union Did Not Violate Duty of Fair Representation; Union Has Discretion in Deciding Whether to File a Grievance; Union Did Not Act in Bad Faith; Charge Against Employer Does Not State a Claim Upon Which Relief can be Granted; Allegation that Employer Breached Collective Bargaining Agreement Does Not Necessarily Establish an Unfair Labor Practice.


11/10/04
(20 day order)
 
C03 G-150 & CU03 G-030
Eastern Michigan University,
-and- Eastern Michigan University Chapter, American Association of University Professors
Unfair Labor Practice Not Found - No Failure to Bargain; Bona Fide Contract Dispute Appropriate for Arbitration Procedure Under Collective Bargaining Agreement.



10/10/04


 
C02 D-101
St. Clair County Intermediate School District,
-and- St. Clair County Education Association, MEA/NEA

Unfair Labor Practice Found - Failure to Bargain Over Subcontracting Unit Positions; Employer Must Give Notice to Union in Time to Permit Bargaining; Bargaining Demand by Union Unnecessary When Employer's Decision is Already a Fait Accompli




11/17/04

 
C99 I-168
City of St. Clair Shores,
-and- American Federation of State, County and Municipal Employees, Council 25, and Its Affiliated Local 1015
Unfair Labor Practice Not Found - Alleged Threat by Supervisor Lacked Intent to Take Adverse Action; Intimidation Charge Lacked Causal Connection to Union Activity; No Unlawful Discrimination Found; No Causal Connection or Anti-Union Animus.



11/17/04

 
C01 A-027
Michigan State University, -and- Clerical-Technical Union of Michigan State University,
-and- Michael J. Garcia

Unfair Labor Practice Not Found - Union Did Not Breach Duty of Fair Representation; Contract Provided that Union Could Not Grieve Discipline or Discharge of Probationary Employees; Union Has Considerable Discretion in Deciding Whether to File a Grievance; Commission Has No Jurisdiction Over Constitutional Issues Alleged by Charging Party; Charge Against Employer Failed to State a Claim Upon Which Relief can be Granted.




11/17/04

 
C02 G-154
Holland Board of Public Works,
-and- Service Employees International Union, Local 517 M
Unit Clarification Petition Dismissed - Collective Bargaining Agreement Excludes Professionals From Unit; Broadband Designer I/II Position Requires an Advanced Degree and Substantial Experience; Bargaining Unit Positions Are Not Required to Have an Advanced Degree or Specialized Training; Similarity of Certain Job Responsibilities to Utility Engineer Aide Position in Unit is Insufficient to Establish a Community of Interest Given Educational and Experience Requirements.



11/18/04

 
UC03 H-32
City of Detroit (Water & Sewerage Dept),
-and- American Federation of State, County, and Municipal Employees, Local 2920

Unfair Labor Practice Not Found - Employer Discipline of Employee for Alleged Insubordination not Unfair Labor Practice; Employee Not Engaged in Protected Concerted Activity; Filing a Complaint that May Benefit All Employees is Not Concerted Activity; No Evidence Employee Acted on Behalf of Other Employees; Union Representatives Present During Meeting Did Not Convert Conduct Into Protected Activity.



11/18/04
(20 day order)
 
C04 A-016
Washtenaw Community Mental Health, -and- American Federation of State, County and Municipal Employees Council 25, -and- Michael Schils Order Denying Motions - Motion for Reopening of the Record, Motion to Provide Record and Allow Motion for Reconsideration, Motion to Amend Earlier Motion, and Motion to Remove Tardy Brief Denied; Motions Do Not Raise an Issue Under PERA and Additional Evidence Would Not Require a Different Result; Motions for Reopening the Record and for Reconsideration are Untimely; A Motion for Reopening Must be Filed Within Twenty-One Days and A Motion for Reconsideration Must be Filed Within Twenty Days of the Commission's Final Order.



11/24/04

 
C03 C-061 & CU03 C-017

Bureau of Employment Relations
Department of Energy, Labor & Economic Growth
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This page last updated 02/15/04

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November 2004
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