May 2007

City of Detroit
-and- Service Employees International Union, Local 517M
- and - Teamster Local 214
-and- Richard B. King

Unfair Labor Practice Not Found – Charging Party’s Failure to Meet Minimum Pleading Requirements and Failure to Respond to ALJ Order for More Definite Statement Warrant Dismissal on Motion for Summary Disposition; Charges Fail to Raise PERA Issue; Charging Party Failed to Assert that Employer Restrained, Coerced, or Retaliated Against Him for Protected, Concerted Activities or that Union Acted Arbitrarily, Discriminatorily, or in Bad Faith or Otherwise Violated PERA.

C06 H-200 &
CU06 H-034 & CU06 H-035

Michigan State University Administrative-Professional Association, MEA/NEA
-and- John Moralez

Unfair Labor Practice Not Found – While Charge was Timely Filed, Union did not Breach Duty of Fair Representation in Deciding not to Pursue Charging Party’s Grievance to Arbitration; No Claim that Employer Breached Contract; Union’s Duty is to Membership as a Whole and it has Considerable Discretion Whether to Pursue Grievance to Arbitration; Union did not Violate Duty by Failing to Request Irrelevant Documents from University.

Unfair Labor Practice Not Found – Charges Barred by the Statute of Limitations; Six Months Statute of Limitations is Jurisdictional and Cannot be Waived; Duty of Fair Representation Claim Accrues When Charging Party Knew, or Should Have Known That Union was not Representing Him; Statement Made During Statutory Period Does not Change View that Claim is Untimely.

Motion for Reconsideration Denied – Commission will not Consider Untimely Exceptions; Date of Filing Exceptions is the Date that Document is Received at Commission’s Office; Reliance on Assurances From Post Office That Exceptions Should Arrive Timely via Regular Mail is Insufficient; Charging Party Bore Risk of Delay.

Unfair Labor Practice Not Found – Neither PERA nor the LMA Make it Unlawful for an Employer to Discharge an Employee for Reasons Unrelated to Purposes of Statutes; Allegation Against Employer that Discharge Violated Collective Bargaining Agreement Requiring Just Cause for Discharge is Dismissed for Failure to State a Claim; Charge Against Union Also Dismissed as LMA Does not Include Duty of Fair Representation Provision.

Unfair Labor Practice Found – Written Violence Run Policy is Mandatory Subject of Bargaining as it has Direct Impact on Employee Safety; Employer Violated Duty to Bargain by Failing to Give Union Notice and Opportunity to Bargain Before Making Change to Policy; Employer’s Memorandum Regarding Modification of Existing Disciplinary Policy Constituted Change in Policy, and Employer had Duty to Bargain over Change.

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

This page last updated 07/12/07