December 2006

Unfair Labor Practice Not Found – Union has Latitude to Investigate Grievances by Members and has Power to Abandon Frivolous Claims; Arbitration Panel’s Conclusion that Charging Party did not Provide Employer with Sufficient Notice of Reasons for Absence was Within Range of Reasonableness; No Evidence that Panel’s Conclusion was not made in Good Faith.

Unfair Labor Practice Not Found, Election Directed – Employer did not Refuse to Meet with Union Because of Parties’ Failure to Settle Grievance and did not Insist on Language Allowing Unilateral Removal of Bargaining Unit Work and Positions; Nor did Employer Demand to Settle Grievance as Condition for Reaching Contract and/or in Return for Dropping Arbitration Proposals Where Parties Voluntarily Discussed the Issue; Employer did not Interfere with Union’s Right to Select its Representatives; Employer did not Unlawfully Threaten to Discipline Employee Because She Engaged in Protected Activity; No Support in Record that Employer was Closely Monitoring Employee’s Communications with Other Employees; Evidence does not Establish that Employer Singled Out Employee, Specifically Accused her of Misrepresenting its Position or Made Unlawful Threats.

Unfair Labor Practice Not Found – Respondent did not Violate its Duty to Bargain in Good Faith by Denying Request for Leave of Absence; Charging Party has not Established Repudiation of Contract; Commission does not Involve Itself in Disputes Over Contract Interpretation; Insufficient Evidence of Anti-Union Animus to Support Claim of Termination for Discriminatory Reasons.

Unfair Labor Practice Not Found – Absent Evidence that Employer was Motivated by Union or Other Protected Activity, Commission is Foreclosed From Making a Judgment on the Fairness of Discharge; MERC has no Authority to Investigate, Hear, or Act on Civil Rights Allegations; Reasonableness or Enforcement of Collective Bargaining Agreement not Within Commission’s Jurisdiction.

Unfair Labor Practice Not Found – Failure of Charging Party to Respond to Order to Show Cause Regarding Charge Against Union Warrants Dismissal on Summary Disposition; No Breach of Collective Bargaining Agreement Occurred and no Violation of Duty of Fair Representation is Alleged; Charging Party’s Failure to Respond to Motion to Dismiss Brought by Employer Warrants Dismissal; Charge Fails to State a Claim as There is no Allegation that Employer was Motivated by Union or Protected Activity.

Unfair Labor Practice Not Found - PERA does not Prohibit all Types of Discrimination or Unfair Treatment; Commission Does Not Have Authority to Enforce FMLA; Absent Allegation that Employer Was Motivated by Union or Other Protected Activity, Commission Cannot Make a Judgment as to Fairness of Action.

Unfair Labor Practice Not Found – Direction of Election – No Unlawful Coercion in Employee’s Exercise of Section 9 Rights When MEA Told Employees that they Would lose MESSA Insurance Immediately Upon Voting to Disaffiliate from MEA; Charge Dismissed Under Authority of Mackinaw City Public Schools case; Failure to State a Claim for Breach of MEA’s Duty of Fair Representation.

Unfair Labor Practice Not Found - No Genuine Issue of Material Fact as to Association’s Refusal to Arbitrate Grievances Filed by Bowman and Stewart; No Evidence in Either Case That Decision Not to Proceed to Arbitration Was Made in Bad Faith or Arbitrarily; No Breach of Duty by Denying Stewart Opportunity to Speak About her Grievance at Meeting.

Unfair Labor Practice Not Found – Suspension and Demotion of Employee Was Not a Result of Union or Other Protected Activities; Although There Was Some Evidence of Hostility Toward Employee’s Union Activities, Discipline Was Ultimately a Consequence of his Violation of Fire Department Policy and of Fire Captain’s Orders.

American Federation of State, County and Municipal Employees, Council 25, and its affiliated Local 3308
-and- Monsoor Muntaqim

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

This page last updated 01/25/07