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February 2007

February 2007

Name Subject Matter Date Issued Case Number Topic(s)
City of East Grand Rapids
- and - Police Officers Labor Council
-and- Police Officers Association of Michigan
-and- Carrie L. Hudenko

Commission did not Consider Exceptions Which Arrived After Extension Period; The Date of Filling of Exceptions is the Date the Document is Received at the Commission’s Office, Not the Date Posted. 

Unfair Labor Practice Not Found – Charging Party’s Failure to Respond to Order to Show Cause Warrants Dismissal of the Charges; Absent an Allegation that Employer Retaliated Against Charging Party for Protected Activity, Commission will not Make a Judgment on the Merits of Fairness of Employer’s Actions; Union has Considerable Discretion to Decide Whether to Proceed with a Grievance; Charges do not Allege Bad Faith or Discrimination; Complaint was not Filed During Six-Month Statute of Limitations;
2/21/07
(20 day order)
(late exceptions)
 C06 J-258 & CU06 J-050 & CU06 J-051 Timeliness; exceptions; retaliation; discrimination; duty of fair representation; union discretion
St. Clair County
- and - Teamsters Local 214

Unfair Labor Practice Not Found – Language Allowing Benefits to be Determined by Retirement Plan Custodian Acts as Waiver of Union’s Right to Bargain; When Employer Acts as Retirement Plan Custodian, It has no Contractual Relationship with Union and is not Required to Bargain Nor Process Grievances.
2/07/07
 C04 B-048 Unilateral change; retirees
Wayne County Community College
- and - Wayne County Community College Federation of Teachers, Local 2000
-and- Patrick Anyanetu

Untimely Exceptions - Appeal is Untimely as it was Filed Two Weeks After Exceptions Were Due and Failed to Indicate Good Cause for a Retroactive Extension; Appeal Failed to Specify Grounds for Appeal as Required.
Unfair Labor Practice Not Found – Six Month Statute of Limitations Begins to Run When Party Knows of the Act that has Caused his Injury; Charging Party Failed to Respond to Show Cause Order as to Why Charges Should Not be Dismissed as Untimely.
2/07/07
(20 day order)
(late exceptions)
 C06 J-254 & CU06 J-048 Exceptions; timeliness
Garden City Public Schools
-and- Michigan Education Association
-and- Teamsters State, County and Municipal Employees Local 214		 Direction of Election: Laid-Off Employees Without a Reasonable Expectation of Recall in the Foreseeable Future are Ineligible to Vote; Likelihood of Recall is Determined Based on Circumstances Surrounding the Layoff and Employer’s Intention; Where Employer Lawfully Subcontracted Work Under Long Term Contract and Does Not Intend to Recall Employees, Laid-Off Employees Do Not have a Reasonable Expectation of Recall in the Foreseeable Future.
2/07/07
 R06 I-110 Eligibility to vote; employer neutrality; public employee status
City of Riverview
- and - Michigan American Federation of State, County and Municipal Employees, Council 25, Local 3667

Direction of Election; Fire Dispatchers and Fire Dispatch Clerks Share Community of Interest with Fire Fighters; Bargaining Unit Consisting of All Act 312-Eligible Employees of the Same Department is a Presumptively Appropriate Unit; Dispatchers Work in Close Proximity to Fire Fighters and Have Centralized Human Resources and Personnel.
2/07/07
 
 R06 C-042 Accretion; community of interest

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

This page last updated 02/09/07