March 2005

Name	Subject Matter	Date Issued	Case Number
Jackson County -and- Police Officers Association of Michigan	Unfair Labor Practice Found; Employer Engaged in Prohibited Direct Bargaining; Employer Sent Letter Directly to Unit Members Which Detailed and Individualized Offer Rejected by Union and Disparaged Union's Right to Engage In Act 312 Arbitration.	3/18/05	C03 E-104
Gibraltar School District -and- Gibraltar Secretaries/Aides, Gibraltar Custodial/Maintenance, and Gibraltar Transportation Associations	Unfair Labor Practice Not Found: The conduct complained of by the Charging Parties involved a bona fide dispute as to the interpretation of collective bargaining agreements between Charging Parties and Respondent, and therefore there had been no repudiation by Respondent of those agreements.	3/18/05	C03 A-012
Livingston County (Emergency Medical Services Department -and- American Federation of State, County and Municipal Employees (AFSCME), Council 25	Direction of Election - Proposed Unit of Emergency Medical Services (EMS) Supervisors Unit Was Modified to Include Business Manager Position; EMS Supervisor and Business Manager Are Supervisory Positions; Supervisory Status Is an Overriding Factor in Determining Community of Interest.	3/18/05	R04 E-063
Kent County and Kent County Sheriff -and- Kent County Deputy Sheriff's Association	Unfair Labor Practice Charge Withdrawn - ALJ Found No Unfair Labor Practice Occurred; Employer Must Provide Relevant Information in a Timely Matter to Satisfy Its Bargaining Obligation; Employer Made Reasonable and Good Faith Effort to Obtain Information from Its Contractor; Employer Responded Promptly to Information Request; Contractor Did Not Provide All of the Requested Information Due to Belief It was Confidential; Employer Not Required to Threaten to End Relationship With Contractor in Order to Obtain the Information.	3/186/05	C03 H-173
Eighth Judicial District Court (Kalamazoo County) -and- Fraternal Order of Police Labor Council	Unfair Labor Practice Found - Employer Unilaterally Altered Working Hours Without Bargaining; Collective Bargaining Agreement With Prior Union Did Not Bind New Union; New Union Was Not a Successor to Prior Union; Collective Bargaining Agreement with Prior Union Did Not Cover All Employees in New Unit.	3/18/05	C03 C-067
City of Flint (Police Dept), -and- Flint Police Officers Association	Unfair Labor Practice Not Found -- Alleged Breach of Collective Bargaining Agreement Is Not an Unfair Labor Practice Unless Respondent has Repudiated the Agreement; Respondent Did Not Repudiate Its Contractual Obligations or Its Obligation to Discuss and Process Grievances; Parties had a Bona Fide Dispute over Whether the Contract Imposed Obligations on Respondent Regarding Scheduling Arbitration Hearings; Respondent's Delay of Hearings Did Not Substantially Frustrate Grievance Process. Charging Party's Motion to Reopen Record Denied -- Additional Evidence Charging Party Sought to Introduce Would Not Require a Different Result. Commission Has No Jurisdiction Over Charging Party's Constitutional Due Process Claims.	3/14/05 (20 Day Order)	C04 E-119
Pontiac School District, -and- David Miller	Unfair Labor Practice Not Found - Charging Party Failed to State a Claim for Which Relief Could Be Granted Under PERA; Absent an Allegation That the Employer Interfered With, Restrained, Coerced or Retaliated Against Charging Party Because He Engaged in Conduct Protected by Section 9 of PERA, the Commission Is Prohibited from Making a Judgment on the Merits or Fairness of the Employer's Action.	3/11/05 (20 Day Order)	C04 L-319
City Of Detroit (Department Of Public Works), -and- Association of Professional Construction Inspectors	Unfair Labor Practice Not Found-ALJ Upheld Respondent's Motion for Summary Judgment; Charging Party Failed to Offer More Than Assertions That Respondent Violated PERA; General Statements and Conclusory Allegations Will Not Withstand a Summary Disposition Motion.	3/11/05 (20 Day Order)	C04 G-182 & C04 G-191
City of Highland Park, -and- Police Officers Labor Council, -and- Jimmie Wright	Unfair Labor Practice Not Found - Charge Untimely; No allegation of unfair labor practice with statutory six month period; Charging Party Alleged That He Last Worked for the City in October of 2002, More Than Two Years Prior to the Filing of the Charges. Charge Also Failed to State a Claim Under PERA	3/11/05 (20 Day Order)	C04 L-317 & CU04 L-066
Melvindale-Northern Allen Park School District, -and- American Federation of State, County and Municipal Employees, Council 25, -and- Michael Cazabon	Unfair Labor Practice Not Found - Charging Party Did Not Appear at the Hearing; Michigan Administrative Procedures Act Permits the ALJ to Proceed with the Hearing in a Party's Absence; Charging Party Did Not Produce Evidence to Support Allegations; Charging Party Failed to Meet Burden of Proof that Respondents Committed Unfair Labor Practices.	3/10/05 (20 Day Order)	C04 G-194 & CU04 G-036
Ingham County and Ingham County Sheriff -and- Capitol City Lodge No. 141, Fraternal Order of Police	No Unfair Labor Practice Found; Charge Not Filed Within The Six Month Statute of Limitations Period Thus Untimely; State of Limitations Period Begins to Run on a Unilateral Change in Working Conditions From the Date of Announcement of the Change, Not the Date of Implementation	3/08/05 (20 Day Order)	C03 G-166
City of Detroit, -and- Association of Detroit Supervisors, -and- Paula Satterwhite	Unfair Labor Practice Not Found - Charge Against Employer Fails to State a Claim Upon Which Relief Can Be Granted Because It Does Not Allege Employer's Action was Motivated by Protected Activity; Union Did Not Breach Its Duty of Fair Representation; Charging Party Did Not Establish a Breach of the Contract; Union Did Not Fail to Protect Charging Party's Seniority Rights; Charging Party Lost Seniority Because She Voluntarily Resigned Her Position.	3/08/05 (20 Day Order)	C03 K-246 & CU03 K-050
City of Flint, -and- 68th District Court, -and- American Federation of State, County and Municipal Employees, Council 25, and Locals 1600 and 1799, -and- Flint Police Officers Association, -and- Flint Professional Fire Fighters Union, Local 352, IAFF	Unfair Labor Practice Found - Order on Remand; Order Issued Effectuating Decision of Court of Appeals.	3/01/05	C00 D-56, C00 D-58, C00 D-60, & C00 D-64
Police Officers Association of Michigan -and- City of Dearborn	Date of Filing Exceptions is Date Exceptions are Actually Received; ALJ Found No Unfair Labor Practice; Permissible to Bring Issues At Or Before Conclusion of Act 312 Arbitration Hearing; This is Not Bad Faith Bargaining; Respondent Did Not Violate its Duty To Bargain Under PERA by Failing to Provide Arbitration Brief to Charging Party	3/01/05 (20 Day Order)	CU04 A-004
Bureau of Employment Relations Department of Energy, Labor & Economic Growth Michigan State Government This page last updated 05/02/05

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March 2005