May 2009

Pontiac School District -and- Pontiac Supervisors Association of Engineers -and- Pontiac Supervisors Association of Engineers, Pontiac Educational Secretaries Association, Pontiac Foreman’s Association, and United Skilled Maintenance Trade Employees,

Unfair Labor Practice Not Found - Absent Evidence of a Clear and Unequivocal Demand to Bargain by Charging Parties over the Impact of Respondent’s Impending Layoff Decision, Respondent Not Found to have Violated its Duty to Bargain; Absent Evidence that Respondent Made a Final and Fixed Determination to Implement Layoffs and Strategically Refrained from Disclosing that Decision at the Time it Entered Into Contracts with Charging Parties, Respondent Not Found to have Bargained in Bad Faith; Because Respondent’s Direct Communications to Bargaining Unit Members were Not Intended to Circumvent Charging Parties’ Exclusive Representation of Those Employees, Respondent Not Found to have Engaged in Unlawful Direct Dealing; Given Respondent’s Extensive Disclosure and Discussion of Relevant Financial Information Sought by Charging Parties, and Absent Charging Parties’ Payment For or Demand to Bargain Over Good Faith Deposit Requested by Respondent for the Cost of Compiling Specific Information, Respondent Not Found to have Violated its Duty of Disclosure.

Mt. Pleasant School District
-and- AFSCME Council 25
-and- Robert Browne

Unfair Labor Practice Not Found - Charge Against Respondent Employer Dismissed as Untimely Filed Pursuant to the PERA Six-month Statute of Limitations, and for Failure to Provide a Factual Basis which would Support a Finding that Charging Party Engaged in Any Activity Protected Under PERA for which he was Subject to Discrimination or Retaliation; Charge Against Respondent Union Dismissed for Failure to State a Claim Under PERA which would Establish that the Union Acted Arbitrarily, Discriminatorily, or In Bad Faith in Determining How and Whether to Proceed with Charging Party’s Grievance in Violation of its Duty of Fair Representation.

City of St. Clair Shores -and- St. Clair Shores Fire Fighters Union, Local 1744

Unfair Labor Practice Not Found - Respondent’s Unilateral Change of Retiree’s Healthcare Benefits did not Violate PERA; Because the Health Care Changes Implemented by Respondent Did Not Affect the Future Benefits of Actively Employed Bargaining Unit Members, Respondent Did Not Unilaterally Alter the Terms and Conditions of Employment in Violation of PERA.  Employer has Statutory Duty to Bargain Only Over Mandatory Subjects of Bargaining; Health Care Benefits for Retired Employees is a Permissive Subject of Bargaining that Did Not Become Mandatory Despite Parties’ Inclusion of a Provision in the Collective Bargaining Agreement Regarding that Matter.  Because a Claim for Repudiation of a Provision of a Collective Bargaining Agreement Addressing a Permissive Subject of Bargaining may be Enforced Only by an Action for Breach of Contract, Respondent Did Not Violate PERA by Failing to Comply with the Provision Governing Health Care Benefits for Retired Employees.  Retirees are not Public Employees and are not Bargaining Unit Members under PERA; Because Charging Party is Not the Exclusive Bargaining Representative for Retired Employees, Respondent has No Statutory Duty to Bargain with Charging Party Over Their Benefits; Respondent Did Not Undermine Charging Party’s Exclusive Representative Authority or Engage in Unlawful Direct Dealing by Discussing the Retiree’s Benefits with Them.  Charge Summarily Dismissed for Failure to State a Claim Upon Which Relief Could Be Granted Under PERA.

Wayne County
– and – Robert J. Skrzypczak, Jr

Unfair Labor Practice Found: Employer Interfered with Charging Party’s Section 9 rights to Engage in Protected Concerted Activity; When an Employer Expressly Prohibits an Employee From Engaging In Section 9 Rights, the Prohibition is Inherently Destructive ; As such, a Violation Occurs Irrespective of Employer’s Motivation.

Hamtramck Fire Fighters Association, Local 750, IAFF, AFL-CIO
-and- City of Hamtramck

Unfair Labor Practice Not Found - Although Fire Chief Position Serves as the Bargaining Representative for Charging Party, Enforcement of Agreement Requiring Promotion to Fire Chief Position from Respondent’s Bargaining Unit Does Not Violate PERA where the Collective Bargaining Agreement Allows for Non-Union Bargaining Unit Membership; Agreement Involves No Inherent Conflict of Interest and Imposes No Unlawful Restraint Upon Charging Party’s Right to Select its Bargaining Representatives, thus Charging Party Failed to State a Claim Under Which Relief Can Be Granted. 

City of Pontiac -and- Pontiac Housing Commission
-and- AFSCME Council 25

Unfair Labor Practice Not Found - Summary Disposition of Charge against Respondent City is Warranted where Statute has Severed Co-Employer Relationship and Respondent Housing Commission is the Sole Employer of Affected Bargaining Unit Members; Because an Amendment to the Charge which Adds a New Party creates a New Cause of Action, Charging Party’s Attempt to Amend its Original Charge to include Respondent Housing Commission is Barred by PERA’s Six-month Statute of Limitations; Charge Alleging Refusal to Bargain is Defective Absent Showing of a Timely Bargaining Demand on Respondent Housing Commission by Charging Party; One Employee in Position Represented by Charging Party is Insufficient to Constitute a Bargaining Unit under PERA.  

Charge Withdrawn – Charge Withdrawn Per Request of Charging Party. Unfair Labor Practice Not Found.

Leoni Charter Township -and- Leoni Township Fire Fighters, Local 1766

Unfair Labor Practice Not Found - Because None of the Duties Respondent Proposed to Transfer to its Non-unit Employees had been Exclusively Performed by Charging Party’s Bargaining Unit Members, Respondent Had No Duty to Bargain Over the Transfer; Because Training Opportunity Offered by Respondent Directly to Bargaining Unit Members was Voluntary and was Not a Mandatory Subject of Bargaining, Respondent Did Not Engage in Unlawful Direct Dealing and Had No Obligation to Bargain with Charging Party Over that Matter.

Buchanan Community Schools
– and – Buchanan Community Schools Transportation Association, MEA-NEA

Charge Withdrawn – Matter Settled and Charge Withdrawn Per Request of Charging Parties; Unfair Labor Practice Found; Employer Must Supply in a Timely Manner Requested Information that will Permit the Union to Engage in Collective Bargaining and Police the Administration of the Contract; Employer’s Duty Extends to all Requested Information as Long as There Exists a Reasonable Probability that the Information will be of Use to the Union in Carrying Out its Statutory Duties; Failure to Respond to a Show Cause Order may Result in an Adverse Decision Against Failing Party on Summary Disposition.

Buchanan Community Schools
– and – Buchanan Community Schools Transportation Association, MEA-NEA

Charge Withdrawn – Matter Settled and Charge Withdrawn Per Request of Charging Parties; Unfair Labor Practice Found; An Employer Must Participate in the Statutory Mediation Process as Administered by the Commission; Participation in Mediation is Part of Employer’s Duty to Bargain in Good Faith; Failure to Respond to a Show Cause Order may Result in an Adverse Decision Against Failing Party on Summary Disposition.

Detroit Public Schools
–and- Danon Wesley

Unfair Labor Practice Not Found: Charging Party’s Response to Show Cause Order Failed to Allege Any Facts to Support a Claim Under PERA; Absent a Factually Supported Allegation that the Employer took Action Against an Employee for Engaging in Conduct Protected by Section 9 of PERA, the Commission is Prohibited from Making a Judgment on the Merits or Fairness of the Employer’s Action.

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

This page last updated 7/09/12