April 2009

City of Detroit
–and- Association of Municipal Engineers

Unfair Labor Practice Not Found – Charging Party Failed to State a Claim Upon Which Relief Could be Granted; Employer’s Duty to Bargain in Good Faith with Union Over Mandatory Subjects and to not Implement Unilateral Changes On These Subjects Without Bargaining to Impasse; However, Case Law Exception Allows Employer to Unilaterally Discontinue Collection of Union Dues/Fees After Expiration of Collective Bargaining Agreement Without Bargaining to Impasse.

City of Livonia
-and- Michigan AFSCME Council 25

City of Detroit
– and – Association of City of Detroit Supervisors

Unfair Labor Practice Not Found – Employer did not Violate PERA by Withdrawing its Proposed Package Offer, Declaring Impasse, and Implementing its Last Offer Prior To Fact-Finding; In Deciding Whether Employer Bargained in Good Faith, the Commission Will Look at the Totality of Circumstances; In Deciding Whether an Impasse Exists the Commission Looks at a Number of Factors: Whether the Parties have Negotiated for a Reasonable Term; Whether the Parties’ Positions have solidified and Whether the Parties are Aware of Where the Positions Have Solidified; Parties May Declare Impasse When they Believe that Further Negotiations Will be Unsuccessful.

Wayne County (Department of Environment)
-and- Michigan AFSCME COUNCIL 25 and LOCAL 25

Request to File Exceptions to Interim Order Denied – Employer’s Request to the Commission for Leave to File Exceptions to the ALJ’s Interim Order Denying Employer’s Motion to Dismiss was Premature; Interim Order Must Dismiss or Sustain the Unfair Labor Practice Charge in its Entirety for the Order to be Appealable to the Commission; Commission Notes that even if ALJ had Issued a Decision and Recommended Order, the Filing Would be Untimely as It was Filed after the Allotted Time Period for Filing Exceptions.

Wayne County and Wayne County Sheriff
– and – Police Officers Association of Michigan
– and – Service Employees International Union
–and- Wayne County Deputy Sheriffs Association

Request to Set Aside Election Denied - Burden of Proof to Set Aside an Election is on Party Filing the Objections.  Incumbent Union Failed to Show that Employer Interfered with Employees’ Exercise of Free Choice;  Employer’s Negotiation of Tentative Agreement with Incumbent Union’s Days Before the Representation Election in Which Another Union was Chosen does not Justify Setting Aside an Election on Behalf of Incumbent; An Isolated Comment by Sergeant in Response to Discussion by a Very Small Number of Unit Employees, with no Showing that Sergeant was Speaking on Behalf of Employer or Union, and which could not Reasonably Affect Election Results is Not Grounds to Reverse an Election; Ruling in Huntington Woods, 1992 MERC Lab Op 389, has been Overturned by Supreme Court Decision in Quinn v Police Officers Labor Council, 456 Mich 478 (1998).  “Newly Certified Unions have Same Rights to Negotiate Over any Otherwise Bargainable Subject as would have the Incumbent Union.”

Michigan State Government
Department of Licensing and Regulatory Affairs
Bureau of Employment Relations

This page last updated 7/09/12