March 2009

Michigan AFSCME Council 25 – and – City of Benton Harbor

Unfair Labor Practice Not Found - Charging Party Failed to State a Claim Upon Which Relief Could be Granted; Use of Coarse Language in Bargaining Setting Does Not Violate PERA; Threat of Litigation in Bargaining Setting Does Not Violate PERA; Union Decision Regarding Communication of Employer Proposals to Union Membership is Internal Union Matter; Internal Union Matters are Not Regulated by PERA.

Lapeer County -and- Teamsters Local 214

City of Detroit – and – AFSCME Local 207

Unfair Labor Practice Found – Respondent Employer Unlawfully Suspended Union Steward for Exercising PERA Protected Rights; Steward’s Actions of Voicing Concerns over Safety Issues at a Safety Meeting, although Rude, were Consistent with Steward’s Role and were Protected Concerted Activity;  Rude Behavior was Not so Extreme as to Remove Steward from Act’s Protections.  Also, Respondent Violated PERA by Suspending Employee for Insubordination after Employee Requested Union Representation for Meeting with Superior; An Employee who Reasonably Believes that Discipline may Result From an Interview With Superior Has a Right to Union Representation; Fact that Employee was Told Meeting would not be not Disciplinary is Not Relevant to the Reasonableness of Employee's Belief that He Might be Disciplined; Reasonableness of Employee’s Belief that Discipline will Occur is Measured by an Objective Standard Based on All the Circumstances of the Case.

Michigan State University and Michigan State University Administrative-Professional Association, MEA/NEA
– and – John Moralez

Reconsideration Denied – Generally Any Motion for Reconsideration that Merely Presents Same Issues Previously Ruled on by the Commission Will not be Granted; Charging Party’s Motion Restated the Same Issues Presented in Charging Party’s Exceptions to ALJ’s Decision and Recommended Order; Arguments Presented in the Motion for Reconsideration were Thoroughly Considered and Discussed by the Commission in its Previous Decision and Order;

Mundy Township -and- Michigan Association of Police

Unfair Labor Practice Not Found - Commission has Held that Internal Investigatory Reports Relating to Alleged Misconduct of Union Members are Exempt from Disclosure as a Matter of Law, Absent a Dispute as to Whether the Information Sought to be Disclosed Pertains to an Internal Investigatory File; Charging Party Failed to Establish that the Requested Officer Complaint Log was Not a Confidential Internal Affairs Investigation Report Subject to Exemption from Disclosure by Respondent.

Taylor School District –and- Taylor Federation of Teachers, AFT, AFL-CIO

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

This page last updated 7/09/12