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June 2005

Name
Subject Matter
Date Issued
Case Number
St. Clair County (Friend of the Court) -and- Service Employees International Union, Local 516 Unit Clarification Petition Dismissed; Newly Created Positions of Judicial Service Coordinators and an Accounting Supervisor Are Considered Supervisors Under PERA; Creation of Four Additional Supervisors Does Not Result in an Excessively High Ratio of Supervisors to Nonsupervisors .



6/30/05

 
UC03 G-27
Charter Township of Plymouth,
-and- American Federation of State, County, & Municipal Employees, Council 25
No Unfair Labor Practice Found; Discrimination Not Established; No Evidence of Anti-Union Animus; Employer's Expressed Desire to Maintain Conditions of Employment Until Collective Bargaining Took Place Not Indicative of Union Animus; No Causal Connection Between Employer's Actions and Minimal Union Activity by Employees

6/30/05
C00 I-165, C00 K-194, C00 L-205, C00 L-206, & C01 E-101
Detroit Public Schools,
-and- Detroit Association of Educational Office Employees
Matter Remanded; Nonparty Union-AFSCME Must be Given Notice and Opportunity to be Heard Where Its Interests May be Affected by Decision; Employer's Placement of Position in AFSCME Unit at Issue in Case Between Employer and DAEOE; Unit Placement Dispute May be Properly Resolved in Unfair Labor Practice Proceeding



6/30/05

 
C02 G-169
City of Detroit (Fire Department),
-and- Detroit Fire Fighters Association, International Association of Fire Fighters (IAFF), Local 344
Direction of Election - Separate Bargaining Units Based on Act 312 Arbitration Eligibility Not Required When There Remains a Community of Interest; Within Fire Departments, a Position's Possession of Supervisory Authority Does Not Preclude the Position's Inclusion in a Nonsupervisory Bargaining Unit.

6/29/05
R04 F-076
Ingham County and Ingham County Sheriff
-and- Capitol City Lodge No. 141 of the Fraternal Order of Police, Labor Program, Inc.,
Unfair Labor Practice Found; Discipline of Charging Party's Division President for Giving Charging Party's Attorney a Copy of a Memo Requiring Bargaining Unit Employees to Wear Pagers While Off Duty Violated PERA; Division President Was Engaged in Lawful Concerted Activity Within the Meaning of Section 9 of PERA; Where There is No Overriding Legitimate Business Interest in Protecting the Information From Disclosure, Rights Guaranteed by PERA Remain Paramount; Employer Does Have Legitimate Interest in Preventing the Unauthorized Disclosure of Confidential Information But That Was Not the Case at Hand; No Evidence to Support Claim That Charging Party's Division President's Disclosure to Attorney Dealt With a Confidential Matter.


6/29/05

 
C03 D-089
American Federation of State, County and Municipal Employees, Local 1583 -and- Joseph Gant, No Unfair Labor Practice Found; Charge Untimely; Six-Month Statute of Limitations Period Starts When the Charging Party Knows, or Should Have Known, of the Alleged Violation; Actions That Form the Basis of this Charge Occurred in 2000; Charge Filed in 2004

6/29/05
CU04 G-037
Washtenaw County
-and- Michael Schils
No Unfair Labor Practice Found; Charging Party Had No Standing to File a Charge; Charging Party Was Not a Public Employee Under PERA; Charging Party's Employment with Public Employer was Terminated Almost Two Years Prior to Actions Which Form the Basis of Charge; No Showing that Termination was Unlawful.


6/29/05

 
C03 L-288 & C04 A-013
City of Detroit (Fire Department),
-and- Detroit Fire Fighters Association Local 344
Unfair Labor Practice Found - Employer Unlawfully Repudiated Settlement Agreement; Employer Cannot Rely on Its Own Internal Procedural Irregularities or Its Own Mistake Regarding Its Attorney's Authority to Avoid Obligation to Execute Agreement

6/21/05
(20 Day Order)
C04 B-035
Muskegon County Juvenile Detention Center,
- and - Ruth A. Johnson
Unfair Labor Practice Not Found - Charge Not Timely; Statute of Limitations Not Tolled by Charging Party's Attempt to Seek Remedy Elsewhere. Charge Fails to State a Claim Under PERA; No Allegation that Discharge was Motivated by Charging Party's Protected Concerted Activity


6/14/05
(20 Day Order)
d
 
C05 B-046
City of Detroit (Police Department), -and- Detroit Police Officers Association Unfair Labor Practice Not Found - Elimination of Extra-Contractual Grievance Committee Member Position Did Not Violate PERA; Restoration of the Position Was Never Agreed Upon by the Parties.

6/13/05
(20 Day Order)
C04 B-043

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

This page last updated 08/16/05