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September 2005

September 2005

Name
Subject Matter
Date Issued
Case Number
Detroit Public Schools,
-and- Greater Detroit Building Trades Council, -and- Margaret A. Turner-Epperson		 Unfair Labor Practice Not Found - Charge against Employer Alleging Contract Violation Fails to State a Claim Upon Which Relief can be Granted under PERA; Union Did Not Breach Duty of Fair Representation; Union Did Not Act Arbitrarily in Refusing to Process Charging Party's Grievance; Union Representative's Sarcastic Comments Toward Charging Party Do Not Establish Hostility.


9/26/05
(20 Day Order)
 
 C04 J-275 & CU04 J-058
Flint Fire Fighters, Local 352,
-and- Andrew Graves,
-and- Michael Anthony Keahey,		 No Unfair Labor Practice - Exception to Footnote in ALJ Decision and Recommended Order Raises No Material Issue of Fact or Law Thus Commission Adopts ALJ's Recommended Order; No Breach of Duty of Fair Representation; Duty of Fair Representation Applies Only to Internal Union Decision-Making Procedures When They Have a Direct Effect on Terms and Conditions of Employment.

9/20/05
 CU03 E-025 & CU03 G-032
Michigan Education Association (MEA), and its agent, Michigan Education Support Services Association (MESSA),
-and- Mackinaw City Public Schools, -and- Barbara Graver		 Unfair Labor Practice Not Found - Union Affiliated Organization May Revoke Health Insurance Plan if Employees Decertify Union; Union Offered Valid Business Reasons For Its Policy; MERC Will Not Interfere With Internal Union Rules if they Do Not Directly Affect Protected Concerted Activity.



9/20/05

 
 CU03 B-013 & R02 L-166
Warren Consolidated Schools
-and- Warren Education Association and James R. Fouts		 Unfair Labor Practice Not Found - Charging Parties Failed to Meet Burden of Proof; No Direct Evidence of Anti-Union Animus; Timing of Reprimand to Coincide with Grievance is Insufficient Evidence Upon Which to Base a Finding of Discrimination in the Absence of Any Other Indication of Anti-Union Animus.

9/19/05
 C01 G-136
City Of Battle Creek
-and- AFSCME, Local 1387
-and- Willie C. Taylor		 Unfair Labor Practice Not Found - No PERA Violation by Employer; No Evidence That Charging Party's Discharge Resulted From Protected Concerted Activity. No Breach of Duty of Fair Representation; Charging Party Elected Not to Grieve Discharge Until Deadline had Passed; Union Not Responsible for Untimeliness of Grievance; Union Did Not Act Arbitrarily or in Bad Faith.


9/12/05
(20 Day Order)
 
 C04 C-082 & CU04 C-019
City of Flint
-and- American Federation of State, County and Municipal Workers, (AFSCME), and its Local 1600
-and- James Bye		 Unfair Labor Practice Not Found - No Breach of Duty of Fair Representation; Charging Party's Discharge Did Not Violate Collective Bargaining Agreement; Union's Failure to Investigate Charging Party's Grievance was Gross Negligence, but was not a Breach of Duty Because Charging Party was not Harmed. Failure to State a Claim Against Employer - Mere Allegation that Employer Breached Collective Bargaining Agreement Does Not State a Claim Under PERA.

9/12/05
(20 Day Order)
 C02 E-103 & CU02 E-025
City Of Detroit
-and- American Federation of State, County, And Municipal Employees, Local 207		 Compliance Ordered - Hearing on Compliance Not Warranted - Respondent's Failure to Answer Request for Compliance Allows MERC to Enter Order Without Hearing; Respondent Ordered to Pay Lost Wages and Benefits as Set Forth in Request for Compliance Hearing.


9/12/05
(20 Day Order)

 
 C04 C-068 (Compliance)
Michigan State University
-and- Ramon Ruiz		 Unfair Labor Practice Not Found - Charge Not Filed Within Six-Month Statute of Limitations; Statute of Limitations Not Tolled by Charging Party's Attempt to Seek Remedy Elsewhere; Even Assuming Charge Was Timely Filed, Summary Disposition is Warranted for Failure to State a Claim Under PERA.

9/12/05
(20 Day Order)
 C05 E-114
City of Detroit
-and- Association of Municipal Inspectors
-and- Patricia L. Grace		 Unfair Labor Practice Found - Discrimination Based on Non-Union Protected Concerted Activity; Respondent's Elimination of Promised Promotion Was in Retaliation for Employee's Protected Concerted Activities; Respondent Failed to Prove It Would Have Taken the Same Action in the Absence of Protected Activities.



9/12/05
(20 Day Order)

 
 C02 F-132 & C02 F-134
Ingham County and Ingham County Sheriff
-and- Capitol City Lodge No. 141 of the Fraternal Order Of Police, Labor Program, Inc.		 Unfair Labor Practice Not Found - Respondent May Promulgate Reasonable Rules Regarding the Use of its Facilities by Bargaining Unit Members and Their Representatives; Respondent's Policy Limiting Former Employee's Access to Designated Areas Not Unreasonable.

9/12/05
(20 Day Order)
 C04 I-219
Van Buren/Cass Co Dist Public Health Dep't,
-and- Teamsters Local 214		 Unfair Labor Practice Not Found - Parties Not Required to Execute Agreement When There Has Been No Meeting of the Minds; Tentative Agreement Ambiguous, No Evidence of Bad Faith.



9/9/05
(20 Day Order)

 
 C04 E-135 & CU04 G-035
City of Detroit (Water Department) -and- Plumbers Union, Local 98 No Unfair Labor Practice Found - Union's Charge Against City did Not State a Claim Under PERA; PERA Addresses Rights and Privileges of Public Employees; MERC Lacks Subject Matter Jurisdiction over Union's Charge Regarding City's Discharge of Employee of Private Subcontractor.

9/9/05
(20 Day Order)
 C04 D-104

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

This page last updated 12/06/05