October 2007

Belding Area Schools
–and- Belding Education Association, MEA/NEA

Unfair Labor Practice Not Found – Charging Party Failed to Establish that Anti-Union Animus was a Motivating Factor in Respondent’s Decision to Deny Charging Party’s Representative Leave Time; Mere Surmise or Suspicion is Insufficient to Establish Animus; Employer Statements do not Automatically Rise to Level of Animus Merely Because they Criticize or Express a Negative View of Unions; Charging Party Failed to Show Causal Connection Between Protected Activity and Respondent’s Decision as Required to Establish Discrimination under PERA; Alleged Breach of Contract and Good-Faith Dispute over Interpretation of contract Terms is Insufficient to Establish Repudiation of the Contract.

Utica Community Schools
–and- Utica Education Association and Lawanda Parker

Unfair Labor Practice Found – Respondent Discriminated against Employee Representative for Union Activity; Employee Filing Grievance on Behalf of Employees was Engaged in Protected Activity; Charging Parties Demonstrated Anti-Union Animus on the Part of Employer; Suspicious Timing of Employer’s Actions in Eliminating Charging Party’s Position Was Sufficient to Establish Animus was Motivating Cause of Employer’s Decision; Employer Failed to Produce Evidence that It Would Have Taken Adverse Action in Absence of Protected Activity.

Michigan State University
–and- John Moralez

Unfair Labor Practice Not Found – Limitations Period Begins to Run When Party Knows or Should Have Known of Violation; Statute of Limitations Not Tolled Where Charging Party is Aware Cause of Action Existed; Claim That Employer Fraudulently Concealed Documents Not Substantiated; No Indication of When Documents Were Discovered or That They Contain Facts Relevant or Material to Current or Previous Claim; Charge Fails to State a Claim Upon Which Relief can be Granted Under PERA.

City of Detroit
–and- Association of Municipal Engineers

Unfair Labor Practice Not Found – Charge Failed to State a Claim Upon Which Relief Can be Granted under PERA; Charge Did Not Include Complete Statement of Facts or  Citation to the Section of PERA Alleged to have been Violated as Required by Commission Rules; Charging Party’s Claim Merely Asserted a Violation of the Parties’ Contract; Charging Party Failed to Allege that a Bargaining Demand was Made and Did Not Allege Other Facts That Could Support a Finding of Repudiation.  Second Charge Fails to State a Claim Under PERA Because it is Duplicative of Previously Decided Case

Amalgamated Transit Union Local 26
–and- Lamar Williams

Unfair Labor Practice Not Found – Charging Party Failed to Allege Facts to Support Assertion that Union’s Decision not to File Grievance Breached Its Duty of Fair Representation; No Allegation of Improper Motive, Arbitrariness or Bad Faith by Union;  Dissatisfaction with Union’s Decision is Insufficient to Establish Breach of Duty of Fair Representation; Union Could Reasonably Decide not to Pursue Grievance; Charging Party did not State a Claim Under PERA

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

This page last updated 12/05/07