September 2008

Detroit Housing Commission -and- Michigan AFCSME Council 25 and its Affiliated Locals 23
and 2394

Withdrawal Request Approved by Commission; Given Settlement of the Dispute Underlying the Charge, Charging Party’s Request for Withdrawal of the Charge is Approved.  Unfair Labor Practice Found - An Alleged Breach of Contract will Constitute a Violation of PERA if a Repudiation of the Contract can be Demonstrated; Repudiation Occurs when (1) the Contract Breach is Substantial and Has a Significant Impact on the Bargaining Unit and (2) No Bona Fide Dispute Over Interpretation of the Contract is Involved; Because Respondent’s Disregard of the Contract Provisions for Payment of Step Increases and Union Release Time Constitute a Significant Breach of its Obligations under the Contract and No Evidence was Presented to Show that Respondent’s Conduct was a Result of a Bona Fide Dispute Over Interpretation of the Contract, Respondent Repudiated its Contract with Charging Party in Violation of PERA.  Respondent’s Ordering of the Union President to Relinquish Union Release Time Provided by the Collective Bargaining Agreement Constitutes Unlawful Interference in Public Employees’ Protected Rights in Violation of PERA.  Payment of Step Increases and Union Release Time are Mandatory Subjects of Bargaining under PERA; Respondent Committed an Unfair Labor Practice by Unilaterally Altering Mandatory Terms and Conditions of Employment Without Bargaining with Charging Party.

Southfield Public Schools - and- Southfield Michigan Educational Support Personnel Association

Leave to File Exceptions Denied - 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 Failed to Establish Basis for Commission to Disregard Rule 423.161(6) and Grant Interlocutory Appeal.  

Detroit Public Schools
-and- Organization of School Administrators and Supervisors (OSAS)
-and- International Union of Operating Engineers (IUOE), Local 547          

Reconsideration Denied - Petitioner’s Motion for Reconsideration Restated the Same Issues Presented in its Post-hearing Brief; Arguments Presented in the Motion for Reconsideration were Thoroughly Considered and Discussed by the Commission in its Decision and Order; Petitioner Failed to Set Forth Grounds for Reconsideration.

Buena Vista Schools - and- Jacoba Lumbreras

Unfair Labor Practice Not Found - Charging Party’s Allegations State No More Than a Breach of Contract Claim; Where the Conditions of Employment in Contention are Covered by a Collective Bargaining Agreement, the Parties are Left to Pursue Contract Remedies; ALJ Ordered Charging Party to Show Cause Why Charge Should Not Be Dismissed For Failure to State a Claim Upon Which Relief Can Be Granted; Charging Party Failed to Respond to Order to Show Cause; Charge Summarily Dismissed for Failure to State a Claim Upon Which Relief Can Be granted under PERA. 

Service Employees International Union, Local 517M
-and- Jacoba Lumbreras

Unfair Labor Practice Not Found - Ambiguous Allegations in Charge Failed to Support Charging Party’s Claim that the Union Violated Its Statutory Duties; ALJ Ordered Charging Party to Show Cause Why Charge Should Not Be Dismissed for Failure to State a Claim; Charging Party Failed to Respond to Order to Show Cause; Charge Summarily Dismissed for Failure to State a Claim Upon Which Relief Could Be Granted.

City of Detroit - and- Service Employees International Union, Local 517M

Unfair Labor Practice Not Found - Charge Amounted to a Breach of Contract Claim, and Therefore Failed to State a Claim upon Which Relief Could Be Granted; Charging Party Ordered to Show Cause Why the Charge Should Not Be Dismissed for Failure to State a Claim; Charging Party Failed to Respond to the Order; Charge Summarily Dismissed for Failure to State an Actionable Claim under PERA.

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

This page last updated 12/02/08