March 2008

Detroit Federation of Teachers
-and- Bessie Y. Steward

Unfair Labor Practice Not Found- Charge Failed to State a claim Upon Which Relief Can be Granted Under PERA; Allegation of Fact Describing No More than Possible Negligence by Union is Not Sufficient to State a Claim for Breach of the Duty of Fair Representation; Charge Failed to Allege Union’s Conduct was Arbitrary, Discriminatory, or Done in Bad Faith; Charge Failed to Allege Violation of Collective Bargaining Agreement by Employer

Wayne State University -and- Kimberley Hicks

Unfair Labor Practice Not Found-Charge Barred by Statute of limitations.  Charging Party did not Serve Charge on Respondent until at Least Six Months and One Day after Charging Party Knew Respondent had Taken Adverse Action Against Her.

Wayne County -and- AFSCME, Local 101 -and- Rinardis Upshaw

Unfair Labor Practice Not Found- Charge Failed to State a claim Upon Which Relief Can be Granted Under PERA; Charging Party’s Dissatisfaction with Speed at Which Union Pursued Grievance Is Not Sufficient to Establish a Breach of the Duty of Fair Representation.

Goodrich Area Schools -and- Goodrich CMT Association, MEA/NEA

Unfair Labor Practice Not Found – Unit clarification Petition Denied; Custodial Supervisor Cannot Be Included in Nonsupervisory Bargaining Unit; Employer has no Duty to Bargain with Union over Position Properly Excluded from Union’s Bargaining Unit 

City of Detroit (Health Dept)
-and- Southeastern Michigan Health Association and AFSCME

Leave to File Exceptions Denied - 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; Interim Order Denied Motion to Dismiss Charge; Respondent Failed to Establish any Basis for Interlocutory Appeal to Commission

St. Clair County Community College
–and- St. Claim County Community College Educational Support Personnel Association, MEA/NEA

Unfair Labor Practice Not Found – Subcontracting of Bargaining Unit Work is Mandatory Subject of Bargaining Under PERA in Most Circumstances; Employer May Satisfy Duty to Bargain by Negotiating for a Provision in Collective Bargaining Agreement that Fixes the Parties’ Rights on the Topic; Commission will not Find a Violation of PERA Based on Duty to Bargain When Parties Have Bona Fide Dispute Over Interpretation of Contract; Employer Violates Duty to Bargain in Good Faith When it Attempts to Negotiate Directly with Employees, Rather than Through the Union; Record Does Not Indicate that Employer Itself Negotiated with Employees Over Terms and Conditions of Eventual Employment with Subcontractor; Charging Party Did Not Allege that Employer Violated Duty to Bargain Over Impact of Decision to Subcontract

Lakeview School District –and- Aaron Cusic

Unfair Labor Practice Not Found – Failure to Respond to Order to Show Cause Warrants Dismissal of Charges; PERA Does Not Prohibit All Types of Discrimination or Unfair Treatment; Absent an Allegation that the Employer was Motivated by Union or Other Protected Activity, Commission is Foreclosed from Making a Judgment on Merits or Fairness of Actions; Failure to Allege Improper Motivation Warrants Dismissal for Failure to State a Claim Under PERA

University of Michigan
-and- International Alliance of Theatrical Stage Employees, Moving Picture Technicians, Artists and Allied Crafts of the United States and Canada, AFL-CIO, Local 395

Remand for Additional Evidence - Stagehands are Employees not Independent Contractors; Respondent has Control over the Manner and Means of Stagehands’ Work; Services Provided by Stagehands Can be Characterized as Integral Part of Common Task of Producing Theatrical Events.  Further Hearing Necessary for Evidence of Whether Stagehands Have Reasonable Expectation of Continuing Employment and Sufficient Interest in Terms and Conditions of That Employment to Qualify for Inclusion in a Bargaining Unit.

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

This page last updated 07/18/08