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March 2006

March 2006

  1. Bureaus & Agencies
  2. Bureau of Employment Relations
  3. Michigan Employment Relations Commission
  4. MERC Decisions
  5. 2006 MERC Commission Decisions Issued
  6. March 2006
Name Subject Matter Date Issued Case Number
City of Iron Mountain
–and- Iron Mountain Firefighters Association, Local 554, IAFF/AFL-CIO
Unfair Labor Practice Found – Employer Failed to Bargain by Unilaterally Cross Training Police Officers to Perform Charging Party’s Unit Work; Mutual Aid Agreement with Other Cities Does Not Destroy the Exclusivity of Work; Respondent’s Unilateral Change had a Significant Impact on Charging Party’s Bargaining Unit Because Bargaining Unit Members were Laid Off; Decision to Cross Train Police Officers is Amenable to Collective Bargaining; Timely Demand to Bargain Made; Respondent Did Not Satisfy Its Duty to Bargain Because It Met with Charging Party After It Made Cross Training Decision; Charge Timely  Filed.
3/23/06
(20 day order)
C04 K-301
Chippewa County,
-and- American Federation of State, County and Municipal Employees Council 25, Local 946,
-and- Susan Shunk
Motion for Stay of Election Denied – Amended and Emergency Motion for Stay Pending Action by Court of Appeals; Charging Party’s Motion for Reconsideration Previously Denied by Commission, and No Additional Circumstances to Warrant Stay; Election Will Proceed Unless/Until Stay Issued by Court.
3/15/06
C04 F-145 & R04 D-058

Teamsters Local 337,
-and- Penny Gardner-Joseph

Unfair Labor Practice Not Found – No Jurisdiction Over Charge Against Union Under PERA, and Failure to State a Claim Upon Which Relief can be Granted Under Labor Mediation Act (LMA); Charging Party is Not a Public Employee as Defined in PERA, but is Employee Under LMA; No Cause of Action Exists Under LMA for Breach of Duty of Fair Representation.

3/13/06
(20 day order)
 
CU04 J-057
Wayne County Community College, -and- American Federation of Teachers, Local 2000,
-and- Martha M. Sturgeon

Unfair Labor Practice Not Found – Motion to Reopen the Record Denied as Charging Party did not Demonstrate that Evidence was Newly Discovered or that it Could not Have Been Produced at Hearing; Employer’s Motion to Dismiss Granted for Failure to State PERA Claim; No Breach of Contract; Mere Contract Violation Does not in Itself State PERA Claim; No Interference with Specific PERA Rights; PERA does not Prohibit Unfair Action Unless it Interferes with Section 9 Rights, Union Did Not Breach Its Duty of Fair Representation By Withdrawal of Two Grievances or by Delay in Communicating  Decision to Withdraw Grievances; Delay Did Not Harm Charging Party as no Breach of Contract Occurred; Union Did Not Breach Duty of Fair Representation by Not Assisting Charging Party to File Disability Pay and Medical Leave Claims.

3/08/06
(20 day order)
C04 I-230 & CU04 G-034
Royal Oak Professional Fire Fighters Association
–and- City of Royal Oak

Unfair Labor Practice Not Found – Union Did Not Unilaterally Alter a Mandatory Subject of Bargaining and Did Not Violate Duty to Bargain In Good Faith When Group of Fire Fighters Sponsored Charter Amendment on Ballot That Limited the Employer’s Inherent Managerial Right to Determine the Number of Employees and How They are Deployed; While Total Level of Employment in a City Police or Fire Department is Not a Mandatory Subject of Bargaining, Union Would Not Have Violated Its Duty to Bargain by Circulating Petitions to Amend the Charter Even if it Was a Mandatory Subject of Bargaining; Employer Failed to Show that Union Sponsored Charter Amendment; Record did not Establish that Fire Fighters Were Acting as Union Agents When They Circulated Ballot Petitions.

3/07/06
(20 day order)
CU04 J-060
Dream Builders Construction of Marshall, Inc,
-and- Michigan Regional Council of Carpenters, Local 525
Unfair Labor Practice Found – Employee Discharged under LMA for Engaging in Concerted Activity; Union Activities Were Motivating Factor in Employer’s Discharge Decision; Recommended Order Modified to Provide Interest at Five Percent Which is the Statutory Interest Rate for Back Pay Awards.
3/06/06
C04 C-080
Charter Township of Flint
–and- Teamsters Local 214

Act 312 Petition Dismissed – Challenge to Eligibility of Certain Positions for Act 312 was Timely Since Filed Before Commencement of Arbitration Proceeding; Communications System Operators (CSOs) not Act 312 Eligible Because They No Longer Qualify as Emergency Telephone Operators Under Act 312; Job Description of CSOs Modified and Employer Policy is that Emergency Calls are Handled by 911 Dispatch; CSOs do not Relay Emergency Calls to Police or Other Personnel on Even Occasional Basis.

3/03/06
UC05 G-022 (Act 312)
Charter Township of Clinton
-and- AFSCME Council 25
-and- UAW, Local 412
Direction of Election – Parties Stipulated that Office Manager and Office Supervisor Positions may Appropriately be Accreted to Bargaining Unit of Supervisory Employees Represented by AFSCME; Commission Determined that Recreation Coordinator Position Cannot be Accreted to Supervisory Unit as Position’s Authority is Limited to Routine Oversight of Day-to-Day Work and Scheduling of Seasonal Employees; Limited Authority as to Discipline and No Authority to Hire or to Effectively Recommend Hiring; Such Responsibilities Not Sufficient to Establish Supervisory Status.
3/03/06
R05 E-076

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This page last updated 06/08/06

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March 2006
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