November 2007

City of Dearborn
–and- Police Officers Association of Michigan

Unfair Labor Practice Not Found – Elimination of a Position is an Employer’s Prerogative Where There is no Direct Impact on Incumbent Employees and No Transfer of Work Out of the Bargaining Unit has Occurred; Employer is Only Required to Bargain in Good Faith Regarding the Impact of a Legitimate Reorganization Plan; By Failing to Demand Bargaining, Union Waived its Right to Bargain

Wayne County
–and- AFSCME, Local 2057
-and Timothy Ziolkowski

Unfair Labor Practice Not Found – Employee’s Charge Fails to State a Claim Against Employer under PERA; Charge failed to Allege that Employer’s Actions were Motivated by Union or Other Protected Activity.  Charge Did Not State a Breach of Duty of Fair Representation Claim; No Allegation That Union’s Action was Arbitrary, Capricious or Motivated by Bad Faith. Charges Barred by Statute of Limitations; Events Leading to Filing of Charges Occurred Several Years Before Charges Filed.

Lansing School District
–and- Lansing Educational Assistants, MEA/NEA

Unit Clarification Petition Dismissed –Position at Issue is Not New and Has Not Undergone Recent Substantial Changes; Unit Clarification is Inappropriate for Upsetting an Agreement or Established Practice Regarding Unit Placement; Where an Employee or Group of Employees has Been Historically Excluded from an Established Bargaining Unit, Question of Representation Can Only be Resolved Through Filing of a Proper Petition for a Representation Election.

Interurban Transit Partnership
–and- Amalgamated Transit Union, Local 836

Unfair Labor Practice Not Found – Where Charge Alleges Unilateral Change in Terms and Conditions of Employment, Statute of Limitations Runs from Date Employer Announces Decision; Charge Was Untimely When Not Filed Within Six Months of Announcement; Separate Instances of Subcontracting were Separate Events Involving Separate Decision by Employer and Requiring Separate Notices to Union; Premature Declaration of Impasse Not a Violation of Duty to Bargain Where There is no Evidence that Employer Refused to Meet After Impasse was Declared or that Union Made a Request to Meet

City of Livonia
–and- Michigan AFSCME Council 25

Representation Election Directed – Bargaining Unit Comprised of Regular Part-Time Employees in Positions Designated by City as Temporary Part-Time; Temporary Part-Time Employees Who Work Consistently for Employer Have Continued Interest in Terms and Conditions of Employment and are not Casual Employees; Despite Employer Designation of Positions as Temporary, Employees May Have Reasonable Expectation of Continued Employment.  Employees Irregular and Widely Varying Schedules Do Not Preclude a Finding That They are Regular Employees if They Consistently Work Schedule After Schedule.

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

This page last updated 12/05/07