December 2009

City of Flint (Police Department)
-and- Police Officers Labor Council (Flint Police Sergeants Association) -and- Police Officers Labor Council (Flint Police Captains and Lieutenants Association)

Unfair Labor Practice Found: Respondent Violated Duty to Bargain in Good Faith; Appointment of Officers to Positions Within New Bureau Without Holding Examinations or Developing Eligibility Lists Abrogated the Parties’ Established Promotion Procedures; Parties Cannot Circumvent Established Promotional Procedures by Unilaterally Transferring Bargaining Unit Work to Positions Outside the Unit, When Newly Created Positions Affect Promotional Opportunities Amongst Bargaining Units; Merely Labeling Positions as Provisional Does Not Give Rise to Temporary Position Status; When One Party Presents its Intentions as a Fait Accompli, Other Party’s Failure to Demand Bargaining Not Deemed Waiver of Right to Bargain; Respondent’s Request for Dismissal Based on Mootness is Unwarranted When Important Statutory Issues Raised by Unfair Labor Practice Charge Remain Unsettled.

Duty to Bargain; Unilateral Change; Repudiation; Past Practice; Mootness; Demand to Bargain

American Federation of State County and Municipal Employees Council 25 -and- Walter Shepard

Reconsideration Denied: Petitioner’s Motion Failed to Set Forth Adequate Grounds for Reconsideration; A Reconsideration Request that Merely Presents the Same Issues Already Ruled on by the Commission Will Be Denied; Motion Also Untimely Since Filed More than 20 Days After Issuance of the Commission’s Final Order. 

Reconsideration -Timeliness; Duty of Fair Representation

Highland Park School District
-and- Walter Shepard

Reconsideration Denied: Petitioner’s Motion Failed to Set Forth Adequate Grounds for Reconsideration; A Reconsideration Request that Merely Presents the Same Issues Already Ruled on by the Commission Will Be Denied; Motion Also Untimely Since Filed More than 20 Days After Issuance of the Commission’s Final Order. 

Wayne State University (Housing & Residential Life)
- and- Donald Robinson

Unfair Labor Practice Found – Respondent Unlawfully Discriminated Against Charging Party for Engaging in Union Activity; Charging Party’s Actions in Filing Grievances and Discussing Them with Respondent is Protected Activity; Respondent’s Hostility towards Charging Party’s Protected Activity was a But-For Cause of Subsequent Termination; Charging Party was Reinstated, then Discharged Again, Under a Last-Chance Agreement Imposed Only as a Consequence of Original Unlawful Termination.

Duty to Bargain; Discrimination (Concerted/Protected Activity)

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

This page last updated 07/09/12