April 2006

Name	Subject Matter	Date Issued	Case Number
Madison Public Schools –and- Lenawee County Education Association, MEA/NEA	Unfair Labor Practice Found – Employer Unlawfully Interfered with Administration of Union by Soliciting Bargaining Unit Members to Challenge Incumbent Union Officers in and Attempting to Influence Outcome of Internal Union Election; Violation Turns on Whether Actions Tend to Interfere with Free Exercise of Protected Rights, not on Employer’s Motive or Employees’ Subjective Reactions.	4/27/06 (20 day order)	C04 F-165
Warren Consolidated Schools, -and- American Federation of State, County and Municipal Employees, Local 1346, -and- Alan J. Dunham	Unfair Labor Practice Found – Respondents Violated PERA by Enforcing Unlawful Superseniority Clause for the Union’s Executive Board Members that Resulted in Charging Party’s Lay Off; Charge Filed Within Statute of Limitations Which Began to Run When Respondents Unlawfully Laid Off Charging Party, Not When They Adopted Discriminatory Contract Clause; Restoration of Status Quo Ante with Make Whole Remedy is Appropriate; Correct Statutory Interest Rate is Five Percent.	4/27/06	C03 K-236 & CU03 K-048
Saginaw Valley State University –and- Rodney Chappel	Unfair Labor Practice Not Found – Commission Will Not Overturn ALJ’s Credibility Finding Without Clear Evidence to the Contrary; Employer’s Refusal To Include Charging Party in Bargaining Unit did not Constitute Unlawful Discrimination Where Employer and Union Agreed That he had not Fulfilled the Contract’s Requirements for Inclusion; When Parties Concur as to Contract Interpretation, Their Construction Governs.	4/26/06	C04 A-027
International Brotherhood of Electrical Workers, Local 17 –and- Garrick Gardner	Unfair Labor Practice Not Found – Commission Declines to Strike Charging Party’s Exceptions that Do Not Comply with Rules Because Charging Party Is Not Represented by Counsel; Charge is Dismissed as Untimely; Even if Timely Filed, No Evidence in Record Supports Allegation that Respondent Union Violated Its Duty of Fair Representation with Respect to Charging Party’s Grievance.	4/25/06	CU03 I-037
City of Detroit (Department of Transportation) –and- Amalgamated Transit Union, Local 26	Unfair Labor Practice Found and Not Found – No Exceptions Filed to ALJ Finding that Respondent Failed to Provide Relevant Information Concerning a Delayed Special Wage Adjustment, and Commission Adopts ALJ Recommendation; While Commission does not Condone Respondent’s Actions in Failing to Promptly and Properly Implement Wage Increases no Repudiation of Contract Occurred; Grievance Procedure is Proper Forum for Contract Disputes to Determine Whether Delay in Implementation of Wage Increases Constitutes Contract Breach.	4/25/06	C04 B-061
South Lyon Community Schools –and- South Lyon MESPA/NEA	Decision and Direction of Election – Band Assistant, Hall Monitors, and Parking Lot Attendant Share a Community of Interest with Petitioner’s Bargaining Unit; Broad Units of Noninstructional Personnel are Presumptively Appropriate in a School District; Band Assistant is Not a Member of a Different Bargaining Unit; Accretion Sought by Petitioner Is Too Narrow As It Fails to Include Unrepresented Residual Position of Playground/Lunchroom Supervisor; Regularly Scheduled Part-time Employees Have Substantial and Continuing Interest in Employment and Should be Included in Unit of Regular Full-time Employees; Exclusion in Recognition Clause Does Not, In Itself, Constitute Waiver of Representation; Employer Has Fourteen Days from Date of Decision to Provide List of Employees in Expanded Group, and Petitioner has Fourteen Days from Receipt of List to Support Showing of Interest.	4/25/06	R04 K-167
Grosse Pointe Public Library –and- Grosse Pointe Public Librarian Association MEA/NEA	Decision and Order Dismissing Unit Clarification Petition – Substitute Classification has Been Historically Excluded from Bargaining Unit; No Substantial Change in Hours, Job Duties, or Responsibilities Established.	4/25/06	UC04 K-039
Brownstown Township, -and- Michigan Association of Police, -and- Teamsters Local 214	Unfair Labor Practice Found and Not Found – Employer Engaged in Direct Dealing with Bargaining Unit Members; Employer May Not Directly Bargain with Employees in Circumvention of Their Bargaining Agent Even at Employees’ Request; Employer Bypassed Union Chief Negotiator by Submitting Proposals to Other Members of Negotiating Team When the Parties Agreed That All Proposals Must be Exchanged Through Chief Spokespersons; Proposal Signed by Only Two Members of Employer’s Negotiating Team Constitutes Bad Faith Bargaining When Other Members of Employer’s Team Inform Union that Proposals Do Not Represent Employer’s Position and Employer Failed to Provide Clarification; Employer did not Unlawfully Favor Incumbent by Permitting Employees to Wear Its Insignia While on Duty While Prohibiting Employees from Wearing Petitioner’s Insignia; Employer Did Not Promise a Benefit To Employees if They Replaced Incumbent Union; Employer did Not Unlawfully Bargain with Petitioner; ALJ Recommended that Election Petition be Dismissed Because Misconduct Disrupted Bargaining Process, Circumvented Bargaining Committee, and Undermined Authority of Bargaining Representative; Causal Connection Existed Between Employer’s Unfair Labor Practices and Filing of Election Petition.	4/18/06 (20 day order)	C05 E-116 & R05 F-085
Bureau of Employment Relations Department of Energy, Labor & Economic Growth Michigan State Government This page last updated 06/21/06

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April 2006