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Name
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Subject Matter
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Date Issued
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Case Number
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| Washtenaw Community Mental Health, -and- American Federation of State, County and Municipal Employees, Council 25, - and - Michael Schils |
Motions for Reopening, Summary Judgment, and to Suspend Time Limits Denied - No Basis For Reopening; Charging Party's Proffered Evidence Would Not Require a Change in Commission's Decision and Order; No Basis to Grant Charging Party's Motion for Summary Judgment Where Charging Party's Arguments Fail to Raise Any Issue Under PERA; Motion to Suspend Time Limits Until Ruling on Pending Motions Hereby Rendered Moot. |
9/08/04 |
C03 C-061 & CU03 C-017 |
| City of Grand Rapids (Police Dept), -and- Command Officers Association of Michigan, -and- Grand Rapids Police Officers Labor Council, - and- Police Officers Labor Council |
Petition for Representation Election Dismissed - Sergeants Not Entitled to Sever from Unit; Sergeants Are Not Supervisors; Sergeants Have No Authority to Issue Formal Discipline; Sergeants Do Not Hire, Cannot Authorize Overtime, and Cannot Transfer Employees; Sergeants' Ability to Oversee Work of Subordinates, Make Assignments, and Monitor Subordinates' Performance Does Not Establish Supervisory Authority; Ratio of One Supervisor to Twelve to Thirteen Officers Is Not Unreasonable; Current Bargaining Unit Has a Long-Established History With the Employer. |
9/08/04 |
R03 H-114 |
| Hastings Area School District, -and- Hastings Education Association - South Central United Bargaining Association | Decision and Direction of Election - Pre-Kindergarten Teacher Position Shared Community of Interest with K-12 Bargaining Unit; Teachers May Be Included in Same Unit Whether Certified or Not; Part-Time Status Insufficient to Rebut Presumption Adult Education Teachers Share Community of Interest with K-12 Teacher's Unit; Appropriate Group for Accretion Included All Full-Time and Regular Part-Time Teachers in Adult & Community Education Program. |
9/08/04 |
R02 E-066 |
| American Association of University Professors, Northern Michigan University Chapter -and- Joseph Sabol |
Unfair Labor Practice Not Found - No Breach of Duty of Fair Representation; Union Responded With Diligence; Contract Did Not Entitle Charging Party to First Consideration for the Position; Employer Has Discretion Whether to Hire Charging Party; Defect in Charging Party's Evaluation is Inconsequential. |
9/10/04 |
CU03 A-007 |
| Grand Rapids Public Museum -and- Grand Rapids Employees Independent Union |
Unfair Labor Practice Not Found - Employer Did Not Engage in Surface Bargaining; Fact Finder's Report Provides Basis For Further Bargaining But Is Not Binding; Employer's Unwillingness To Agree To Agency Shop Does Not Constitute Bad Faith Bargaining; Finding a ULP Based On Employer's Failure To Make Concessions Or Position On One Issue Without Other Evidence Of Bad Faith Is Contrary To Section 15 of PERA And MERC Precedent. Dissent - Unfair Labor Practice Found - Employer Engaged in Surface Bargaining; Employer's Surface Bargaining and Failure to Adequately Explain Position on Agency Shop, Viewed in the Context of the Prolonged Bargaining History Evidences an Intent to Avoid Reaching an Agreement and Constitutes Bad Faith Bargaining on the Part of the Employer |
9/10/04 |
C01 L-242 |
| Ingham County Employees Association/Public Employees Representative Association, -and- Susan Paulson, Karen Jennings, and Sherri King |
Unfair Labor Practice Not Found- No Violation of Duty of Fair Representation in Connection With Retirement Benefit Enhancement Elections Where Evidence Shows Union Went To Great Lengths to Ensure Eligible Voters Could Thoroughly Consider Each Proposal and Participate in a Fair and Impartial Election; Union Responded to Every Concern of Its Members, Rescheduled the Vote for Members, Increased Security of the Process, and Held Informational Sessions; Duty of Fair Representation Not Violated By Union Denying Probationary Employees the Right to Vote on Retirement Benefit Enhancement Proposals Since a Union Is Not Required to Accord All Bargaining Unit Members Equal Voting Rights; Inconsistency in Union's Process for Reviewing Charging Parties' Petitions to Nullify Elections Not Unlawful Where Merits of Both Petitions Fully Considered; No Breach of Duty of Fair Representation Demonstrated By Union Local's President Advocating Position on the Election Which Could Personally Benefit Him. |
9/15/04 (20 day order) |
CU02 L-069 |
| City of Menominee (Police Department), -and- Teamsters Local 328 |
Unfair Labor Practice Not Found- ULP Based Upon Failure to Promote Dismissed; Evidence Suggests Unit Member Would Not Have Been Promoted Regardless of Protected Union Activity; Although Unit Member Undoubtedly Engaged in Protected Activity, Primary Dispute in Which Member Was Involved Had Been Resolved Before the Promotions. |
9/16/04 (20 day order) |
C03 B-035 |
| American Federation of State, County, and Municipal Employees, Local 1346 -and- John Lakey | Remand to Administrative Law Judge - Statute of Limitations; Timeliness of Charge Unclear. |
9/28/04 |
CU03 B-012 |
| City of Troy - and - Troy Police Officers Association |
Remanded to ALJ- Charging Party Alleged Violation of Sections 10(1)(a) and 10(1)(e) of PERA Following Police Department's Plans to Change Overtime Practice; Charging Party Argued That Protocols Associated With Overtime Are Mandatory Subjects of Collective Bargaining; ALJ Found Charging Party Had Not Raised Protocols Issue in the Charge and Dismissed; Commission Remanded to ALJ for Development of Record; Legal Status of a Practice Affecting Employees Covered By a Collective Bargaining Agreement Cannot Be Determined Without Reference to the Agreement and an Understanding of the History of the Practice. |
9/28/04 |
C03 G-165 |
| City of Lansing, -and- Herman Louis Jones |
Unfair Labor Practice Not Found - Charging Party Failed to Meet PERA's Six-Month Statute of Limitations Where Most Recent Alleged Violations Occurred More Than Six Months Prior to Service of the Charge; Statute of Limitations Is Jurisdictional And Cannot Be Waived; Even If Charge Had Been Timely, Charging Party's Complaints of Racial Discrimination And Hostile Work Environment Fall Outside Scope of PERA. |
9/28/04 (20 day order) |
C04 B-063 |
| Kentwood Public Schools, -and- Kentwood Educational Support Personnel Association, KCEA/MEA/NEA |
Unfair Labor Practice Not Found- No Violation of Duty to Bargain in Good Faith; School Did Not Set Precondition to Bargaining Where Charging Party Could Not Identify Any Condition to Bargaining Contained in Superintendent's Remarks About Respondent's Financial Situation; Employer's Implementation of Schedule In Parties' Expired Contract Was Permissible Despite Its Differences From Schedules Proposed By Charging Party Since Employer Is Allowed to Follow Past Practice Rather Than Its Last Bargaining Offer In These Circumstances; Facts Do Not Support Assertion That Respondent Abused Mediation Process And Engaged In Surface Bargaining. |
9/28/04 (20 day order) |
C03 E-109 |
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Bureau of Employment Relations This page last updated 12/07/04 |
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