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May 2005

May 2005

Name
Subject Matter
Date Issued
Case Number
Mt. Clemens Community School District,
-and- AFSCME Council 25, Local 873, -and- Sara Louise Nalls		 Unfair Labor Practice Not Found - Charge Against Employer Does Not State a Claim for Which Relief can be Granted; Charging Party Does Not Allege the Employer Restrained, Coerced, or Retaliated Against Her for Engaging in Protected Activity; Charging Party Failed to Show the Union's Refusal to File a Grievance to be Arbitrary, Discriminatory, or in Bad Faith; Charging Party Further Failed to Prove a Breach of the Contract Occurred; Union Investigated Her Claim; Union Legitimately Concluded Charging Party's Complaint was Moot Because She Returned to Her Former Position.


5/27/05
(20 Day Order)
 
 C04 A-029 & CU04 A-009
Detroit Public Schools,
-and- International Union of Operating Engineers, Local 547, AFL-CIO,
-and- Greater Detroit Building Trades Council, AFL-CIO		 Unit Clarification; Hub Supervisor Position Shares a Community of Interests With Supervisory Unit Represented by Local 547 - Position Has Supervisory Responsibilities That Require Use of Discretion and Independent Judgment, Including Budget Preparation, and Coordination of Building Repair Needs; Position Authorized to Issue Written Reprimands and Make Recommendations for Promotions.

5/17/05
 UC03 J-038
City of Royal Oak (Police Department) -and- Royal Oak Police Officers Association Unfair Labor Practice Found; 10(1)(a) Violation Found; Employer Interfered With Union Member's Right to Engage in Protected Activity; Employer Disparaged Union Member's Use of Grievance Process and Pressured Member to Withdraw Grievance and Allegiance to Union. Employer Breached Duty to Bargain Over Effects of Special Work Assignments; Specific Effects Over Which Employer Has a Duty to Bargain Not Addressed Because Not Properly Before the ALJ and Only Referenced In Dicta by ALJ. No Unfair Labor Practice Found as to Employer's Decision to Make Special Assignments; Assignment of Nonmember of Bargaining Unit to Fill Position Held Previously By Bargaining Unit Member Lawful Because the Work Was Different From the Work Previously Performed by Unit Members and Assignment Did Not Have a Significant Adverse Impact Upon Union's Unit.



5/17/05

 
 C00 B-034
City of Detroit (Dept. of Water & Sewage)
-and- Subrine Clabon		 No Unfair Labor Practice Found; Charging Party Was Not Engaged in Concerted Activity When Seeking Remedy for Individual Problems Through Employer's Internal Procedure; No Evidence of Hostility Toward Charging Party as a Result of Her Filing Grievances; Difficulties Existed Before the Filing of Grievances and Decision to Transfer Was Not a Result of Grievances.

5/17/05
 C03 B-030
Wayne State University
-and- Wayne State University Staff Association, UAW, Local 2071 -and- Romell Weston		 No Unfair Labor Practice Found; No Breach of Duty of Fair Representation; Union Made Reasonable, Good Faith Decision that the Collective Bargaining Agreement had Not Been Violated and Elected Not to File a Grievance; Charge Against Employer Failed to State a Claim for Relief Under PERA; No Allegation or Evidence of Anti-Union Animus.


5/17/05

 
 C03 E-099 & CU03 E-026
City of Detroit (Planning and Development Dept)
-and- Association of Municipal Inspectors		 No Unfair Labor Practice Found; Removing Private Information from Employer's Files for Union Purposes Without Approval is Not Protected by the Act; Employee Knew or Should Have Known He Needed Specific Permission to Access Files; Respondent Did Not Alter Terms and Conditions of Employment by Withdrawing Authorization to Access the Database Pursuant to Their Electronic Communication System Policy.

5/12/05
(20 Day Order)
 C03 L-264
Saginaw Township
-and- Police Officers Association of Michigan		 Unfair Labor Practice Found Against Employer; Employer Cannot Threaten Employees or Retaliate Against Them For Pursuing a Grievance; Unfair Labor Practice Found Against Union; Engaging in the Secret Tape Recording of a Grievance Meeting Interferes With the Bargaining Process and is the Equivalent of Bargaining to Impasse on a Permissive Subject Thus is a Breach of the Duty to Bargain in Good Faith; Admission of Secret Tape Recordings as Evidence Upheld Because Employer Waived Objection; However, Such Evidence Should be Inadmissible as a Matter of Policy.


5/3/05

 
 C02 A-003,
C02 A-010 & CU02 E-029
Frenchtown Charter Township
-and- Frenchtown Professional Fire Fighters, IAFF Local 3233		 No Unfair Labor Practice Found Against Employer; Employer Has Inherent Managerial Right to Create New Positions Within the Bargaining Unit; Thus, Union Proposals Regarding Creation of New Positions are Permissive Subjects of Bargaining; Unfair Labor Practice Found Against Union; Act 312 Panel Only Has Jurisdiction Over Mandatory Subjects of Bargaining; Union's Submission of Permissive Subject of Bargaining to Act 312 Panel is an Unfair Labor Practice. Agreements to Put Permissive Subjects of Bargaining Before an Act 312 Panel are Unenforceable.

5/3/05
 C02 B-054& CU02 B-009
Genesee County Community Mental Health Services
-and- Teamsters Local 214,		 Unit Clarification Petition Granted - Position of Facilitator Included in Bargaining Unit; Facilitator Position is Nonsupervisory and Shares Community of Interests With Bargaining Unit Positions; Facilitator Position and Bargaining Unit Positions Required to Have Master's Level Degree or Higher; Facilitator Position, Clinical Coordinator Position in Unit, and Clinical Liaison Position in Unit Required to Have Contact With and Treat or Arrange Treatment for Employer's Clients; Differences in Facilitators' Duties and Bargaining Unit Employees is Insufficient to Destroy Community of Interest.


5/3/05

 
 UC03 C-13

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

This page last updated 07/12/05