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February 2006
Name | Subject Matter | Date Issued | Case Number |
Detroit Public Schools, -and- Detroit Association of Educational Office Employees, Local 4168 -and- Mearlie L. Palmore |
Unfair Labor Practice Not Found - Charge Not Filed Within Six-Month Statute of Limitations; Charging Party’s Lack of Knowledge of Statute of Limitations is Insufficient to Toll the Limitations Period. |
2/15/06
(20 day order) |
C05 H-181 & CU05 H-035 |
Detroit Public Schools -and- Teamsters Local 214 |
Unfair Labor Practice Not Found –Payments Made By Respondent to Security Retirement Planning (SRP) Trust Fund On Behalf of Charging Party’s Members Did Not Become an Extracontractual Term or Condition of Employment Through Past Practice; Charging Party Failed to Show an Explicit or Even a Tacit Agreement Between the Parties That SRP Payments Would Continue After they Ceased to be a Contractual Benefit; Payments Made in Error Do Not Represent Mutual Understanding of the Parties That Payments Must Continue; No Alteration of Term or Condition of Employment and no Obligation to Give Charging Party Notice and Opportunity to Bargain Before Benefit Termination. |
2/15/06
(20 day order) |
C04 I-239 |
Chippewa County, -and- American Federation of State, County and Municipal Employees Council 25, Local 946, -and- Susan Shunk |
Motion for Reconsideration Denied – While Charging Party’s Motion for Reconsideration is Timely as it was Filed Within 23 Days after Decision and Order was Served by Mail, Motion Restates the Same Arguments Made in Exceptions; Motion for Reconsideration Which Presents the Same Issues Previously Ruled on by Commission Will Not be Granted. |
2/15/06
|
C04 F-145 & R04 D-058 |
Bellaire Public Schools –and- Bellaire Educational Support Personnel Association |
Unfair Labor Practice - Charging Party Failed to Establish Union Animus; Same Action Would Have Been Taken Even in Absence of Union Activity. Credibility Determinations Made by ALJ in Reaching Conclusions Given Great Weight by Commission and Will Not be Overturned Unless Clearly Contrary to the Record. |
2/03/06
|
C03 K-245 |
Kent County –and- Kent County & 17th Judicial Circuit Court –and- Community Mental Health and Substance Abuse Network –and- International Union, United Auto Workers and Local 2600 |
Unit Clarification Petitions Dismissed – Unit Clarification Not Appropriate Where No Substantial Change in Job Duties of Disputed Positions; Only Change is in Positions’ Status from Salaried Exempt to Hourly Non-exempt; Union Seeking to Represent Positions Historically Excluded From Bargaining Unit Must File Representation Petition. |
2/01/06
|
UC04 H-031, UC04 H-032 & UC04 H-034 |
County of Washtenaw and Washtenaw County Sheriff’s Department, -and- Michigan Association of Police, -and- Police Officers Association of Michigan |
Decision and Order Dismissing Petition for Election – Contract Bar Period is Calculated from Date the Collective Bargaining Agreement Becomes Final and Binding on the Parties; Subsequent Signing of Written Document is Mere Formality or Ministerial Act. Petition Dismissed as Filed More Than 150 Days Prior to Expiration of Third-Year of Five-Year Agreement. |
2/01/06
|
R05 D-074 |
City of Detroit (Police Department), -and- Detroit Police Officers Association |
Unfair Labor Practice Found – Employee Suspended for Engaging in Protected Concerted Activity; Employer’s Demand that Employee Shut Down Entire Website and Disciplining Him for Not Doing so Constituted PERA Violation; Concerted Activity, Which Includes Activity Undertaken By One Employee on Behalf of Others, is Protected by PERA Even in Absence of Participation or Authorization of a Labor Organization; Suppression of PERA Protected Speech, Occurring in Conjunction with Unprotected Speech, Not Allowed Where No Showing Made of Actual Harm or Adverse Impact Flowing from Speech. |
2/01/06
|
C04 A-001 |
Bureau of Employment Relations This page last updated 05/19/06 |