June 2008

Eaton County Transportation Authority (EATRAN) -and- Amalgamated Transit Union, Local 1761

Unfair Labor Practice Found - PERA Protects the Rights of Public Employees to Participate in Union Activities Free From Unlawful Interference by Employer; Credible Testimony Indicated that Employer Threatened to Discharge an Employee because of His Union Involvement; Such a Threat Constitutes a Violation of Employee’s Rights under PERA.  Unfair Labor Practice Not Found - Charging Party Failed to Establish that Employer’s Discharge of Employee was Motivated by Anti-Union Animus; Establishment of Prima Facie Case of Discrimination Requires Showing that Employee Would Not Have Been Discharged Absent His or Her Protected Union Activity; Employee Would Have Been Discharged Regardless of His Protected Union Activity, Given His Negligence and Fault in a Serious Accident While Driving Employer’s Vehicle.   

City of Detroit (Health Department) -and- Southeastern Michigan Health Association (SEMHA) -and- American Federation of State, County, and Municipal Employees (AFSCME), Council 25

Reconsideration Denied – At Most, Commission Error Alleged by SEMHA is Harmless; Commission would have Denied Leave to file Exceptions even if Exceptions had not been Withdrawn;  Exceptions to ALJ’s Interim Order could not be Considered under Commission Rule 423.161(6); Filing of Exceptions is Limited to Period Following the Issuance of ALJ’s Decision and Recommended Order, Unless ALJ’s Interim Order Dismissed or Sustained Unfair Labor Practice Charge in its Entirety; ALJ’s Interim Order Denied Motion for Summary Dismissal; Respondent SEMHA Failed to Establish Basis for Commission to Disregard Rule 423.161(6) and Grant Interlocutory Appeal.

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

This page last updated 08/08/08