December 2007

Pittsfield Township and Police Officers Association of Michigan

Unfair Labor Practice Found – Once Parties Have Reached Tentative Contract Settlement, the Duty to Bargain Requires Parties to Act Expeditiously and Decisively to Accept or Reject the Agreement; Where Parties Have Ratified Agreement, They are Obligated to Execute Contract Which Reflects the Terms that were Negotiated; Failure to Execute Agreement Under Such Circumstances is Violation of Duty to Bargain; Factual Hearings Need Not be Held Where There is No Material Dispute of Fact Which Needs to be Resolved.

Detroit Public Schools and Joann Barnes

Unfair Labor Practice Not Found – PERA Does Not Prohibit All Types of Discrimination or Unfair Treatment; Absent an Allegation that Employer Interfered With, Restrained, Coerced, or Retaliated Against the Employee for Engaging in Union or Other Protected Activities, Commission is Precluded From Making a Judgment on the Fairness of Employer’s Actions; Commission has no Jurisdiction Over Claims Arising Under Michigan Whistleblower’s Protection Act, Which Requires Filing a Civil Action; Commission has no Authority to Enforce Michigan Payment of Wages and Fringe Benefits Act.

Macomb Township and Michigan Association of Fire Fighters and Thomas Habel, Wayne Dinsdale, Mark Grabow and Kim Grabow

Unfair Labor Practice Not Found – Final Product of Union’s Bargaining Process is “Arbitrary” Only if it is so Far Outside a Wide Range of Reasonableness as to be Totally Irrational; Union Does Not Breach its Duty of Fair Representation Simply by Agreeing to Modify Collective Bargaining Agreement; Where Employer and Union Agree on Interpretation of Contract language, That Construction Governs; Charging Parties Must Show that Union Negotiated in Bad Faith or with Intent to Discriminate; Charging Parties Failed to Establish That They Were Singled Out for Discipline;  Charging Party Failed to Establish that Filing of Unfair Labor Practice Charge Played any Role in the Employer’s Decision to Investigate Charging Party’s Unrelated Actions.

City of Monroe and City of Monroe Employees Association, AFT, AFL-CIO

Unit Clarification Petition Granted – Unit Clarified to Include Administrative Secretary in Bargaining Unit; Employer Failed to Establish Justification for Exclusion of Administrative Secretary to Police Chief; Employer is Permitted to Exclude One Employee as Confidential Without a Specific Showing of Need; Employer Bears Burden of Showing Justification for Any Additional Exclusions; Administrative Convenience Alone is Insufficient Justification, Employer Must Show that Confidential Work Cannot Feasibly be Reassigned to Minimize Number of Employees Excluded; Petitioner’s Request for Status Quo Ante Remedy Denied as Inappropriate in Representation Proceeding.

Detroit Transportation Corporation and Teamsters Local 214

Unfair Labor Practice Found – Health Care Benefits Provided by Employer are Mandatory Subjects of Bargaining Under PERA; Employer Cannot Unilaterally Implement Changes in Existing Terms and Conditions of Employment Even When Changes Benefit Employees; Union did not Waive Right to Bargain by Failing to Make Bargaining Demand Over Change in Prescription Co-Pay; Based on Prior Practices, Union Could Reasonably Assume that Employer Would Present it with an Actual Proposal Encompassing all Proposed Changes Before Unilateral Implementation; Union Had no Obligation to Demand to Bargain Because Such a Demand Would Have Been Futile.

Marquette County and Michigan AFSCME Council 25 and Wisconsin Professional Police Association

Unit Clarification Petition Granted – Unit Clarification is Appropriate to Determine Bargaining Unit Status of Position that has Recently Undergone Significant Changes; Addition of Duties that can be Performed Only by Certified Corrections Officer Substantially Changes Nature of Position; Corrections Officer Shares Community of Interest with Members of Bargaining Unit Representing Corrections Deputies; Employer’s Placement in Unit Sharing Community of Interest was Appropriate

Teamsters Local 214 and Ann Arbor Public Schools and Jenoatha Green

Unfair Labor Practice Not Found – Charge Failed to State a Claim Upon Which Relief Can be Granted; Absent an allegation of facts establishing bad faith, gross negligence, or arbitrary or capricious action by the Union, the Charge does not state a claim for breach of the duty of fair representation.  Union may lawfully agree to terms in the collective bargaining agreement limiting the grievance rights of probationary employees. Employer had no obligation to assist Charging Party with filing grievance where both Union and Employer agreed that Charging Party, a probationary employee, did not have the right under the collective bargaining agreement to grieve her discharge.

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

This page last updated 04/15/08