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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
Michigan State Government

This page last updated 02/15/04