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January 2005

January 2005

Name
Subject Matter
Date Issued
Case Number
American Association of University Professors, Northern Michigan University,
-and- Joseph Sabol		 Motion for Reconsideration and Motion for Reopening of the Record Denied - Charging Party Presents No New Issues in Motion for Reconsideration; Evidence Charging Party Seeks to Introduce in Motion for Reopening of the Record Would Not Require a Different Result.


1/28/05
 
 CU03 A-007
Macomb Community College -and- Michigan Education Association Order Denying Request for Compliance Hearing; Compliance Hearing Inappropriate to Resolve Dispute over Recognition Clause; Petitioner Could Have Filed Motion for Reconsideration if Further Clarification of Bargaining Unit Description was Necessary;

1/28/05
 R02 D-056
City of Detroit (Dep't of Transportation),
-and- American Federation of State, County and Municipal Employees, Council 25 and Its Local 312		 Unfair Labor Practice Not Found-Charging Party Failed to Demonstrate that Respondent Repudiated an Article of Its Collective Bargaining Agreement; A Bona Fide Dispute Existed over Whether the Respondent's Meetings and Negotiations over a Regional Transportation Authority Triggered the Notice Requirements Within the Collective Bargaining Agreement Between the Respondent and the Charging Party.


1/28/05
(20 Day Order)
 
 C03 F-126
University of Michigan
-and- Graduate Employees Organization, Michigan Federation of Teachers & School Related Personnel, American Federation of Teachers		 No Unfair Labor Practice Found; Charging Party Already Exercised Right to Bargain on Health Care Issues and Choose Not to Bargain for More Specific Language; Disagreements Between Parties Over Issues Covered by the CBA Must Be Resolved Through Grievance Arbitration; Charge was Timely; Initial Publications of Change in Health Care Not Sufficient to Start Running of Six Month Statute of Limitations Time Period

1/26/05
(20 Day Order)
 C03 C-049
Macomb County Community College Faculty Organization
-and- John C. Bonnell		 No Unfair Labor Practice Found; Union Met Duty of Fair Representation and Followed Proper Procedure for Evaluating Grievance; Union's Decisions Were Not Impulsive, Unreasoned or Irrational; When Employer and Union Concur on Interpretation of a Contract Their Construction Governs; Charging Party Additionally Failed to Show Suspension Violated Collective Bargaining Agreement


1/26/05
(20 Day Order)
 
 CU03 L-054
Genesee County Sheriff's Department, -and- American Federation of State, County and Municipal Employees Council 25, Local 2259, AFL-CIO, -and- Michael Cherry Unfair Labor Practice Found - Employer Unlawfully Disciplined Employee for Statement During Grievance Meeting; Statement Not So Egregious as to Remove it From PERA's Protection

Unfair Labor Practice Not Found - Employer Did Not Unlawfully Reduce Employee's Performance Points; ALJ Improperly Shifted Burden to Employer to Show Rationale Before a Prima Facie Case was Established; Employer Lawfully Disciplined Employee for Untruthful Statement; Employer Lawfully Disciplined Employee for Insubordination

1/25/05
 C00 D-52 &
C00 H-153
Washtenaw Community Mental Health,
-and- American Federation of State, County and Municipal Employees Council 25
-and- Michael Schils		 Motion to Expunge Alleged False and Defamatory References from the Record Denied-The Arguments Presented in the Motion Were Not Included in the Exceptions; The Motion Was Untimely; Commission Has No Statutory Authority to Expunge Statements from the Record.

1/03/05
 C03 C-061 & CU03-017

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

This page last updated 05/02/05