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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
-and- AFSCME Local 1023
-and- Kimberly L. Langford

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)

C07 D-064 &
CU07 D-015

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
-and- United Steel Workers of America, Local 15157
-and- Bay County Association of Managers, Professionals and Supervisors

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
- and -City of Bay City

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
-and- City of Northville

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
Department of Energy, Labor & Economic Growth
Bureau of Employment Relations

This page last updated 07/02/07