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June 2007
Name | Subject Matter | Date Issued | Case Number | Topic(s) |
City of Douglas - and - Michigan AFSCME Council 25 |
Unfair Labor Practice Not Found – Charging Party Failed to Meet Burden of Demonstrating that Protected Activity was Motivating Factor in Termination; Reason Provided not Mere Pretext and Failure to Show Animus or Hostility Toward Protected Activity; Suspicion or Surmise of Anti-Union Animus Will Not Suffice. |
6/22/07
(20 day order) |
C06 B-025 | Protected activity; Discrimination; Anti-union animus |
City of Detroit |
Unfair Labor Practice Not Found – Charging Party’s Failure to Respond to Show Cause Order Warrants Dismissal When Charge is Facially Defective; Charges Fails to Raise Cognizable PERA Issue Against Either Party; Charging Party Failed to Assert That Employer Restrained, Coerced, or Retaliated Against Her for Protected Activity or that Labor Organization Acted Arbitrarily, Discriminatorily, or in Bad Faith; Dissatisfaction With Union Efforts or Delay in Processing Grievance Does Not Constitute Breach of the Duty of Fair Representation by Union Unless Delay Causes Grievance to be Denied. |
6/22/07
(20 day order) |
Summary disposition, Failure to respond to show cause order; Duty of fair representation; Union discretion |
|
Detroit Public Schools - and - Alonzo Ledbetter |
Unfair Labor Practice Not Found – Charging Party’s Failure to Respond to Show Cause Order Warrants Dismissal of Facially Defective Charge; Allegation Failed to Raise Cognizable PERA Issue; Charging Party Failed to Assert That Employer Interfered With, Restrained, Coerced, or Retaliated Against Him; Commission Cannot Judge Merits or Fairness of Employer’s Action. |
6/22/07
(20 day order) |
C07 A-012 | Failure to respond to show cause order; Discrimination |
Bay County |
Unfair Labor Practice Not Found – Charge Seeking Unit Clarification Order to Move Classification from Established Bargaining Unit into Another Bargaining Unit Dismissed on Summary Disposition; As to Charge of Failure to Bargain, No Demand and, Therefore, no Duty to Bargain; No Significant, Adverse Impact Resulted and no Duty to Bargain Over Transfer of Work Attendant to the Promotion of one Individual Between Related Classifications. |
6/21/07
(20 day order) |
C05 G-156 |
Duty to bargain; Demand to bargain; Unit Clarification; Transfer of bargaining unit work; Exclusivity rule |
Utility Workers Union of America, Local 482 |
Unfair Labor Practice Not Found – Charging Party’s Failure to Respond to Show Cause Order Warrants Dismissal of Facially Deficient Charge; Charging Party Declined Opportunity to Correct Defects in Charge. |
6/21/07
(20 day order) |
CU07 B-010 |
Protected activity; Concerted activity; Failure to respond to show cause order |
Lansing Schools Education Association -and- Mary P. Cobb |
Unfair Labor Practice Not Found – Charge Dismissed on Summary Disposition; Charging Party Failed to Show Cause Why Charge Should not be Dismissed as Untimely; Charge Barred by Six-Month Statute of Limitations Which is Jurisdictional and Cannot be Waived. |
6/21/07
(20 day order) |
CU07 B-007 | Statute of limitations |
Command Officers Association of Michigan and Northville Command Officers Association |
Unfair Labor Practice Found – Respondent Union Estopped from Denying Existence of Agreement Based on Purported Failure to Ratify; Contention Rejected that There was no Meeting of Minds; Failure to Support a Contract to Which They Tentatively Agreed Constitutes an Unfair Labor Practice; Union’s Failure to Read Agreement Carefully Before Ratifying Does Not Justify Removal of Provision re: Contract’s Effective Date; Serious Negative Impact on Former Employee Does Not Justify Refusal to Execute Tentative Agreement that Accurately Reflects Settlement Terms; Any Mistake is Solely Attributable to Respondent. |
6/21/07
(20 day order) |
CU05 F-022 | Ratification; Past practice; Duty to bargain |
City of Detroit - and - Association of Professional Engineers |
Unfair Labor Practice Not Found – Commission does not Consider Late Exceptions Arriving After Extension Period; Date of Filing Exceptions is the Date the Document is Received at Commission’s Office; Charging Party’s Claim of False Justification for Layoffs Does Not State a Claim Under PERA; Employer’s Notice of Layoffs was not Inadequate to Allow for Meaningful Bargaining over Effects; No Demand to Bargain Effects of Layoffs/Demotions and no Violation of Duty to Bargain. |
6/18/07
(20 day order) |
C06 E-104 | Exceptions; Timeliness; Duty to bargain; Impasse; Permissive subjects |
Michigan State Government This page last updated 07/02/07 |