December 2006

Name	Subject Matter	Date Issued	Case Number
American Federation of State, County and Municipal Employees, Council 25, and its affiliated Local 1659 –and- Tracy Byrd	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.	12/21/06 (20 day order)	CU05 D-013
Seventeenth District Court (Redford Township) –and-Teamsters Local 214 -and- Michigan Association of Public Employees	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.	12/20/06	C05 E-113, C05 I-233 & R05 F-088
Utica Community Schools –and- UAW Organizing Committee -and- Utica Office Personnel Association, MEA/NEA	Objections to Election Dismissed and Certification of Representative Issued– Employer Substantially Complied with Eligibility List Requirements in Commission Rules and Given Size of Unit, Parties had Ample Time to Communicate with Eligible Voters; Though Ballots Were Mailed one day late and some Voters Received Envelopes Without Ballots, Facts Indicated that all Eligible Voters had Adequate Notice of Election and Opportunity to Vote; No Evidence of Interference with Laboratory Conditions; Objections Pertaining to Campaign Literature Disseminated by Petitioner Dismissed as Campaign Propaganda; No Evidence of Improper Conduct That Might Have Interfered with Employee Exercise of Free Choice.	12/19/06	R06 B-024
Sanilac County Community Mental Health Services –and- American Federation of State, County and Municipal Employees, Council 25, and its affiliated Local 1518	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.	12/19/06 (20 day order)	C05 L-313
City of Detroit –and- Gerald Bernard Robinson	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.	12/19/06 (20 day order)	C06 H-191
Wayne County –and- AFSCME Local 101 -and- Yolanda Coffee	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.	12/19/06 (20 day order)	C06 D-082 & CU06 D-012
Cass County –and- Terrie Tabbert	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.	12/19/06 (20 day order)	C06 J-240
Hartland Consolidated Schools –and- Michigan Education Association and Michigan Education Special Services Association -and- Hartland Transportation Education Association, MEA/NEA -and- Teamsters, State, County and Municipal Workers, Local 214	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.	12/18/06 (20 day order)	CU06 C-006 & R06 A-001
Grand Haven Public Schools –and- Grand Haven Education Association MEA/NEA	Unfair Labor Practice Not Found- Implementation of Web Page Program was Prohibited Subject of Bargaining Left to Discretion of Public School Employer Under Section 15 of PERA; Voluntary Program did not Alter Wages, Hours, or Terms or Conditions of Employment and, Therefore, was not a Mandatory Subject of Bargaining. No Evidence that Employer Changed Evaluation Criteria Based on Participation in Program.	12/18/06	C02 L-273
City of Grand Rapids –and- Grand Rapids Employee Independent Union	Motion for Reconsideration Denied- Motion for Reconsideration Which Presents Same Issues Ruled on by Commission will not be Granted; Where NLRA and PERA Differ, Commission is not Bound to Follow NLRB Precedent; Respondent Failed to Provide an Explanation for Failure to Submit Additional Evidence Before Record Closed and, Therefore, Record will not be Reopened.	12/12/06	C03 C-053 & C03 C-054
Flat Rock ESP Association, MEA –and- Frances Bowman -and- Carol J. Stewart	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.	12/04/06 (20 day order)	CU05 G-027 & CU05 G-028
Corunna Public Schools –and- Daryls Cowan	Unfair Labor Practice Not Found - Charge Untimely as Filed After Expiration of Six-Month Statute of Limitations. Even Assuming Charge Timely Filed, Charging Party Failed to State a Claim Upon Which Relief Can be Granted; Relief Sought of Inclusion in Bargaining Unit is Only Appropriate Through Unit Clarification Petition Filed by Employer or Labor Organization Representing Existing Unit, not by Individual.	12/01/06 (20 day order)	C06 H-198
City of Novi (Fire Department) –and- Michigan Association of Fire Fighters	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.	12/01/06 (20 day order)	C05 C-059
American Federation of State, County and Municipal Employees, Council 25, and its affiliated Local 3308 -and- Monsoor Muntaqim	Unfair Labor Practice Not Found – No Violation of Duty of Fair Representation by Handling of and Refusal to Arbitrate Grievance over Member’s Termination; Union did not act Arbitrarily or in Bad Faith; Decision was Within Range of Reasonableness.	12/01/06 (20 day order)	CU04 K-064
Michigan State Government Department of Energy, Labor & Economic Growth Bureau of Employment Relations This page last updated 01/25/07

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December 2006