January 2006

Name	Subject Matter	Date Issued	Case Number
Wayne County Airport Authority -and- Wayne County Law Enforcement Supervisory Local 3317, AFSCME	Withdrawal of Charge Approved by Commission After Issuance of ALJ Decision and Recommended Order; Underlying Dispute Settled by Parties; Decision Will be Published in Accord With Commission Policy; Unfair Labor Practice Not Found - Airport not Required to Honor Expired Contract Provisions Allowing County Sheriff's Department Employees to Transfer to Airport Police Division; Rights of County Employees to Transfer to Airport Were Extinguished When Law (Act 90) Made the Airport a Separate and Distinct Employer. No Violation for Failure to Maintain Transfer Right After Filing for Act 312; Petition was Improper as it Named Airport as Co-employer, not Separate Employer, and Issues in Act 312 Petition Were not Submitted Previously to Mediation.	1/31/06	C05 A-014
Wayne County Community College District -and- Wayne County Community College Federation of Teachers, Local 2000 -and- William D. Parkman, Jr.	Unfair Labor Practice not Found - Charge Against Employer Summarily Dismissed; PERA Does not Provide Cause of Action for Contract Violation or Discrimination Based on Age. Some Charges Against Union Summarily Dismissed as Untimely; No Violation of Duty of Fair Representation by Union; Decision Not to File Grievance Based on Reasonable Interpretation of Contract and not Arbitrary or in Bad Faith.	1/20/06 (20 day order)	C04 K-295 & CU04 K-062
American Federation of State, County and Municipal Employees, Michigan AFSCME Council 25, Local 1583 -and- Danetta Joplin	Unfair Labor Practice Not Found - Charge not Filed Within Six-Month Statute of Limitations Dismissed on Summary Disposition; Statute Begins to run When Employee Knew or Should Have Known that Respondent had not Filed Grievance.	1/20/06 (20 day order)	CU05 F-025
City of Detroit -and- American Federation of State, County and Municipal Employees, Council 25 and Its Local 836	Unfair Labor Practice Found and Not Found - Duty to Bargain; Unilateral Removal of Position From Unit and Change in Wages and Refusal to Bargain Over Wages and Terms/Conditions of Employment for Position Were Improper. Direct Dealing Allegation Dismissed; Remedy Recommended by ALJ Included Recognizing Local 836 as Bargaining Representative for Position and Bargaining on Demand for Position Until Agreement Reached on Reclassification or Removal from Unit.	1/13/06 (20 day order)	C04 K-310
Bedford Public Schools - and - Bedford Education Association, MEA/NEA	Unfair Labor Practice Found - Violation of Duty to Bargain in Good Faith by Subcontracting Without Notice and Opportunity to Bargain Where Subcontractors Are Performing Same Work Under Similar Conditions; Notice Inadequate as Not Given Before Decision Made; Timely Bargaining Demand Made; Matter not Covered by Agreement; Management Rights Clause Does not Constitute Waiver; Any Waiver Does not Survive Contract Expiration; No Waiver Based on Past Practice.	1/13/06 (20 day order)	C04 I-250
International Union, UAW - and - Malcolm Marts	Unfair Labor Practice Not Found - Duty of Fair Representation Claim Summarily Dismissed; Selection of Union Representative is Internal Union Matter Over Which MERC has no Jurisdiction.	1/13/06 (20 day order)	CU05 G-030
Ingham County and Ingham County Sheriff -and- Michigan Association of Police	Unfair Labor Practice Not Found - Unilateral Transfer of Police Officer to Corrections Division and to Unit Represented by Another Union Was Not a Violation; Transfer not Justified Based on Past Practice With Predecessor Union as Practice not Binding on Successor Union; However, Neither Collective Bargaining Agreement nor PERA Can Abrogate County Sheriff's Authority to Transfer Deputy to a Position Involving no Law Enforcement Powers.	1/9/06 (20 day order)	C04 D-102
City of Detroit (Water & Sewerage Department) -and- Roy S. Ochoa	Unfair Labor Practice Not Found - Charge Dismissed After Show Cause Order; Charge not Filed Within Six-Month Statute of Limitations and Failed to State a Claim Under PERA; No Allegation That Employer Discriminated or Retaliated Against Employee Because of Union or Other Protected Concerted Activity.	1/9/06 (20 day order)	C05 E-101
City of Detroit (Dep't of Transportation) -and- Amalgamated Transit Union, Local 26	Unfair Labor Practice Not Found - No Violation of Duty to Bargain in Good Faith; While Parties Agreed in Substance to Proposal, No Meeting of the Minds with Regard to Specific Contract Language; Respondent's Refusal to Sign Contract with Language Proposed by Charging Party and Respondent's Proposal of new Contract Language did not Constitute Violation.	1/4/06 (20 day order)	C04 I-233
Albion Public Schools -and- AFSCME Council 25, Local 2826 -and- Joann Reese	Unfair Labor Practice Not Found - No Breach of Duty of Fair Representation Against Union or PERA Claim Against Employer; No Evidence that Union Acted Arbitrarily, Discriminatorily, or in Bad Faith in Representing Charging Party; That Union Initially Provided Conflicting or Erroneous Information to Charging Party Insufficient to Establish Breach of Duty; Decision not To Pursue Grievance was Reasonable. Failure to State a Claim Against Employer - No Allegation that Employer Interfered with, Restrained, Coerced or Retaliated Against Charging Party for Engaging in Protected Conduct; Employer's Alleged Refusal to Allow Charging Party to Transfer in Retaliation for her Filing of a Title VII Action does not State PERA Claim.	1/4/06 (20 day order)	C02 K-239 & CU02 K-061
City of Lansing (Police Department) -and- Capitol City Lodge No. 141 of the Fraternal Order of Police	Unfair Labor Practice Not Found - Charge Dismissed on Summary Disposition as not Filed or Served Within Six-Month Statute of Limitations; Statute of Limitations not Tolled to Allow for Service of an Unfair Labor Practice Charge; Section in Revised Judicature Act not Applicable to Proceedings Before Administrative Agencies.	1/4/06 (20 day order)	C05 H-167
Bureau of Employment Relations Department of Energy, Labor & Economic Growth Michigan State Government This page last updated 03/29/06

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January 2006