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November 2005

November 2005

Name
Subject Matter
Date Issued
Case Number
City of Detroit
-and- American Federation of State, County and Municipal Employees, Council 25, and Its Affiliated City of Detroit Locals		 Unfair Labor Practice Found; Duty to Bargain -- Employer Must Provide Union with Information Necessary for Union to Carry Out Its Statutory Duties; Employer had a Duty to Provide Requested Information Regarding Cost Comparison Between Work Done by a Subcontractor and Work Done by Charging Party's Bargaining Unit Members; Respondent Has No Duty to Provide Nonexistent Analysis of Revenue Collection; Respondent Not Obligated to Provide Information that is Not Relevant to Charging Party's Oversight Responsibility such as, the Amount of Money Collected by City Employees or the Number of Utility Shutoffs.



11/22/05

 
 C03 E-097
City of Detroit (Dep't of Water & Sewerage),
-and- Shirley J. Liddell-Hamm		 Unfair Labor Practice Not Found - Charge Not Timely Served; Although Charge Was Filed With Commission Within Six-Month Statute of Limitations Period, Charge Was Not Served on Respondent Within That Period, as is Required by Commission Rule.

11/03/05
(20 Day Order)
 C05 A-027
Waverly Community Schools
-and- Service Employees International Union, Local 517M		 Unfair Labor Practice Not Found - Charge Not Timely. Charging Party Failed to Establish That Actions Forming Basis of Charge and Objections Occurred in the Six-Month Period Preceding the Filing of the Charge. No Evidence That Employer Engaged in Conduct That Could Have Affected the Results of the Election During the "Critical Period" Between the Date of Consent Election Agreement and Election. Certification of Election - Party Seeking to Have Election Set Aside Must Show That Improper Conduct Interfered With Employees' Exercise of Free Choice; Directors Request That Single Employee Bring In Copy of Ballot Insufficient to Prove Interference With Free Choice.



11/03/05
(20 Day Order)

 
 C05 C-056 & R05 B-031
Saginaw County Community Action Committee, Inc,
-and- Service Employees International Union Local 517M,
-and- Deborah A. Johnson		 Unfair Labor Practice Not Found - Union's Motion to Dismiss Granted; MERC Lacks Jurisdiction; Union Certified by National Labor Relations Board

11/03/05
(20 Day Order)
 C05 F-126 & CU05 F-023
Orion Township (Dept Of Public Works),
-and- Teamsters Local 214		 Unfair Labor Practice Found - Unilateral Conclusion That Compromise is Unlikely is Insufficient to Establish Impasse; Parties Required to Bargain Substance of Fact Finder's Report for Reasonable Time



11/03/05

 
 C03 E-121
City of Detroit
-and- Association of Municipal Engineers		 Summary Disposition Not Warranted; Charge Remanded to ALJ for Evidentiary Hearing; Respondent Did Not Expressly Refuse to Arbitrate, Thus, the Statute of Limitations Period Never Began; Commission Unwilling to Take Away Charging Party's Right to File a Charge Because They Acceded, in Good Faith, to Respondent's Request to be Patient and Allow for an Investigation of the Claim

11/03/05
 C03 D-092
Huron Valley School District,
-and- American Federation of State, County and Municipal Employees, -and- Raymond Perez		 Unfair Labor Practice Not Found - Charge Against Employer Not Within Statute of Limitations; Complaints Against Employer Failed to State a Claim Upon Which Relief can be Granted; Allegations that Employer Violated Contract are Subject to Grievance Procedure; Union Did Not Breach Duty of Fair Representation; Union Acted Reasonably in Addressing Charging Party's Complaints; Unit Members Cannot Compel a Union to Advance a Grievance to Arbitration.



11/02/05


 
 C02 F-123 & CU02 F-033
Watersmeet Township
-and- AFCME Council 25, Local No. 992		 Unit Clarification Petition Denied; Foreman Not Removed from Bargaining Unit; Position is Neither Supervisory nor Confidential -- Foreman Does Not Have Authority to Hire, Transfer, Suspend, Layoff, Recall, Promote, Discharge, Assign, Reward, or Discipline Other Employees, or to Effectively Recommend Such Action--Foreman Is Not a Confidential Employee; Foreman Does Not Formulate, Determine, and Effectuate Management Policy With Regard to Labor Relations, or Assist and Act in a Confidential Capacity to Such Person


11/02/05
 
 UC04 B-006
Lapeer County
-and- Teamsters Local 214		 Bargaining Unit Clarified to Include the Position of Soil Erosion and Sedimentation Control Supervisor (SESCS); Community of Interest Exists Between SESCS and Local 214's Bargaining Unity; Similarities Include: Wages, Education Level, Working Conditions, and Duties; While Some Differences Exist, that Does Not Destroy Community of Interest; SESCS Does Not Possess Sufficient Authority to be Considered a Supervisor.




11/02/05


 
 UC03 D-016
Ingham County and Ingham County Sheriff
-and- Michigan Association of Police
-and- Fraternal Order of Police, Lodge No. 141		 Withdrawal Request Approved by Commission; Unfair Labor Practice Found by ALJ - Employer may only bargain with Employees' Exclusive Bargaining Representative over Terms and Conditions of Employment; Employers' Contract With FOP Over Future Terms and Conditions of Employment of Employees Currently Represented by MAP is Unlawful; Employer required to Repudiate Unlawful Contract; Act 312 Petition Filed Prior to the Expiration of a Union's Certification Year Should Not Serve to Bar a Representation Petition Filed Within a Reasonable Time After the Certification Year Expires; MAP's Act 312 Petition Should Not Bar FOP's Representation Petition In This Case; Election Held in Abeyance Until the Employers Have Complied With the Commission's Order in the Unfair Labor Practice Case.

11/01/05
 C05 C-060 & R05 B-034

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

This page last updated 02/17/06