August 2006

Name	Subject Matter	Date Issued	Case Number
City of Pontiac –and- Michigan Association of Police	Motion for Reconsideration Denied – Commission’s June 28, 2006 Decision Held that Respondent Committed an Unfair Labor Practice by Failing to Notify Charging Party of Its Decision to Reject Tentative Agreement; No Violation of Respondent’s Due Process Rights Resulted From That Finding; Implicit in Charge that Respondent Failed to Accept or Reject Tentative Agreement in a Timely Fashion Was Assertion That Respondent Failed to Give Notice of Decision to Reject; Respondent’s Motion Merely Presents Same Issue Previously Decided by the Commission.	8/30/06	C04 G-189
Cesar Chavez Academy and The Leona Group, LLC –and- Michigan Association of Public Employees	Election Petition Dismissed – Deferral to the National Labor Relations Board (NLRB); NLRB Jurisdiction Is Arguable; Petitioner Failed to Show that NLRB Would Decline Jurisdiction; Both Public School Academy and Private Entity are Involved in Operation and Management of the School; Which Entity the NLRB Would Consider to be the Employer is Unclear; Petition Dismissed Without Prejudice.	8/30/06	R05 D-070
South Lyon Community Schools –and- South Lyon MESPA-NEA	Unit Clarification Petition Granted – Newly Created Position of Restorative Practices Coordinator Shares Community of Interest with Petitioner’s Unit; Restorative Practices Coordinator, Like Positions in Petitioner’s Unit, Provides Services that Aid and Support Instruction; A Broad Unit Including All Support Employees is Presumptively Appropriate in a K-12 School District and the Restorative Practices Coordinator Should be Included in that Unit.	8/29/06	UC05 D-015
Washtenaw County –and- American Federation of State, County and Municipal Employees, Council 25 and Local 2733 –and- Michael Schils	Unfair Labor Practice Not Found- All Four Charges Dismissed; Charge C04 H-213 Against Employer was Untimely; Statute of Limitations Began to Run When Charging Party Knew or Should Have Known Employer Did Not Intend to Comply With Request and Had Good Reason to Believe Denial Was Improper. Charge CU04 J-051 Against Union Failed to State a Claim Upon Which Relief Could be Granted; Claim Merely Restated a Charge Dismissed in Earlier Case Between the Parties. Charges C04 I-228 and CU04 I-032 Against Employer and Union Dismissed; Charges Failed to State a Claim Upon Which Relief Could be Granted; Charging Party Offered No Legal Support for Assertion that Respondents had an Obligation Under PERA to Provide Him with Requested Information.	8/29/06	C04 H-213, C04 I-228, CU04 I-042 & CU04 J-051
Wayne County –and- American Federation of State, County and Municipal Employees, Local 101 –and- American Federation of State, County and Municipal Employees, Local 2057 –and- Larry Mocnik	Unfair Labor Practice Not Found- Failure to State a Claim Against Employer - Mere Allegation that Employer Breached Collective Bargaining Agreement Does Not State a Claim Under PERA; Employer Displacing Employee From Position Did Not Interfere With Protected Rights; Charge Was Untimely. Failure to State a Claim Against Unions - No Breach of Duty of Fair Representation; Charging Party Did Not Allege That He Requested Unions to File Grievance or Take Any Other Action, Thus, Unions’ Failure to Act is Insufficient to State a Claim.	8/17/06 (20 day order)	C06 E-101, CU06 E-014 & CU06 E-015
City of Kalamazoo –and- Kalamazoo Municipal Employees Association	Unfair Labor Practice Not Found- Charging Party Did Not Make Proper Request to Bargain Over Elimination of Unit Position and Reassignment of Work; Employer Had No Duty to Bargain Over Removal of Unit Work Where Work Had Been Previously Shared With Nonunit Employees; Charging Party Did Not Meet Burden of Establishing That Work at Issue Had Been Exclusively Done by Bargaining Unit Members.	8/17/06 (20 day order)	C04 L-326
Waterford School District –and- Waterford Federation of Support Personnel	Unfair Labor Practice Not Found – Charging Party Failed to Establish a Prima Facie Case of Unlawful Discrimination; No Evidence of Anti-Union Animus; No Showing of a Causal Nexus Between Employees’ Protected Concerted Activity and Respondent’s Decision to Lay Off Bargaining Unit Members	8/7/06	C04 E-127
Wayne County –and- Service Employees International Union, Local 502, AFL-CIO	Unfair Labor Practice Not Found – Repudiation of the Contract Not Established; a Dispute over Contract Interpretation is Not a Repudiation; Memorandum of Agreement Between the Parties Did Not Provide Promotional Rights for Charging Party's Members Employed by the Wayne County Airport Authority; Respondent Is Not the Employer of Charging Party’s Members and Has No Duty to Offer Promotional Opportunities to Them.	8/27/06	C05 D-097
City of Grand Rapids, -and- Grand Rapids Employees Independent Union, -and- Association of Public Administrators of Grand Rapids	Motion for Reconsideration Denied – Petitioner’s Challenge to Placement of Plans Examiner I Position Untimely; Petitioner Did Not File Petition to Accrete Plans Examiner I Until Approximately Three Years After the Employer Placed the Predecessor Position, Administrative Analyst, in the Bargaining Unit Represented by the Association of Public Administrators of Grand Rapids. Petitioner’s Argument that Plans Examiner I Position is Newly Created is Contrary to Its Previous Stance that the Job Duties of the Plans Examiner I are Indistinguishable from the Duties of Its Predecessor Classifications, Building Inspector II and Administrative Analyst.	8/3/06	UC04 A-004
Michigan State Government Department of Energy, Labor & Economic Growth Bureau of Employment Relations This page last updated 10/02/06

Popular on michigan.gov

How Do I...

August 2006