November 2009

Grand Rapids Educational Support Personnel Association (GRESPA), MEA/NEA -and- Grand Rapids Public Schools

Charge Withdrawn – Charge Withdrawn Per Request of Charging Party; Charging Party Asserts that Matter is Moot.  Unfair Labor Practice Not Found: Charge Against Respondent Union Summarily Dismissed.  Charge Barred by Six Month Statute of Limitations; Commission Does Not Recognize Continuing Violation Theory; Alleged Violation Clearly Occurred Six Months Prior to Filing of Charge.  Agreements Regarding Prohibited Subjects of Bargaining are Unenforceable; Subcontracting of Non Instructional Support Services is a Prohibited Subject of Bargaining; Parties’ Collective Bargaining Agreement Cannot be Interpreted in a way that Would Restrict Public Employer’s Rights to Make Decisions on Prohibited Subjects of Bargaining.  Commission has Exclusive Jurisdiction Over Statutory Claims Alleging Violations of PERA; Commission has Jurisdiction to Make Threshold Determinations of Arbitrability When Necessary to Determine Whether a Party Committed an Unfair Labor Practice.  It is a violation of the Duty to Bargain in Good Faith to Attempt to Arbitrate an Illegal Contract Provision.  Charge Not Barred by Res Judicata or Collateral Estoppel; Charge Brought Before Commission Alleges an Unfair Labor Practice, over which Commission has Exclusive Jurisdiction.   

Duty to Bargain; Prohibited Subjects of Bargaining. Statute of Limitations; Continuing violation; Withdrawal

Troy Police Officers Association
–and- David Kocenda

Unfair Labor Practice Not Found: Charge Failed to State a Valid Claim Under PERA; Charge Failed to State Facts Sufficient to Establish a Breach of Union’s Fair Representation Duty; Charging Party’s Dissatisfaction with Union’s Efforts is Insufficient Basis for a Charge.  Failure to Respond to Show Cause Order May In Itself Warrant Dismissal of Charge.

Failure to State a Claim; Duty of Fair Representation

AFSCME Council 25, and AFSCME Local 25, Local 101, Local 409, And Local 1659
-and- Wayne County

Unfair Labor Practice Not Found: Charge Failed to State a Valid Claim Under PERA; Respondent Union Did Not Violate PERA by Filing a Civil Suit to Enforce the Collective Bargaining Agreement; PERA Does Not Mandate a Union to File Unfair Labor Practice Charge When Facts Could Give Rise to a Contract Action, as Well as an Unfair Labor Practice.  Respondent Unions had an Interest in Outcome of Contract Enforcement Dispute When Unions Bargained for Rights Under Contract.  Unions May Represent Retirees in Civil Actions to Enforce Collective Bargaining Agreements, if Retirees Consent.  Charging Party Cannot Take Unilateral Action on a Permissive Subject of Bargaining Contained in an Enforceable Agreement.  Charging Party’s Filing of Charge Constitutes a Collateral Attack on Circuit Court Action.

Failure to State a Claim; Commission Jurisdiction; Retirees

Goodrich Area Schools -and- Goodrich Education Association, Local 10, MEA/NEA

Unfair Labor Practice Found: Respondent Violated Duty to Bargain in Good Faith; Respondent Repudiated Contract Provision; Repudiation Found Where Respondent Unilaterally Changed Days in School Year in Complete Disregard of Written Contract.  Commission had Jurisdiction Over Dispute; Parties’ Dispute Did Not Involve Contract Interpretation.  ALJ’s Credibility Determinations Were Supported by Evidence.  Motion to Re-Open Record to Receive Arbitrator’s Opinion Denied; Collateral Estoppel does not apply.

Duty to Bargain; Unilateral Change/Repudiation; Good Faith dispute over contract interpretation

Suburban Mobility Authority for Regional Transportation (SMART) -and-
United Auto Workers (UAW) Local 771
-and- John Maloy

Unfair Labor Practice by Respondent Employer Not Found:  Charge Failed to State a Claim Under PERA; Allegations Did Not Show that Charging Party’s Termination Was Due to His Exercise of Concerted Activity Protected Under PERA.   Claim Also Barred by the Six Month Statute of Limitations. Unfair Labor Practice Charge Against Respondent Union Remanded for Evidentiary Hearing: Summary Dismissal Not Warranted Where Facts Alleged Were Sufficient to Establish a Prima Facie Showing that the Union Acted With Hostility and Discrimination In Withdrawing Grievance. 

Failure to State a Claim; Statute of Limitations; Duty of Fair Representation

Detroit Public Schools -and- Elnora Carter

Unfair Labor Practice Not Found: Charge Failed to State a Valid Claim Under PERA; Allegations Failed to Show Respondent Employer Interfered With, Restrained, Coerced, or Retaliated Against Charging Party For Engaging in PERA Protected Activities.  Alleged Incident From 2004 is Barred by the Six Month Limitations Period Under PERA.  Commission Lacks Authority to Remedy Allegations of Age and Gender Discrimination.

Failure to State a Claim; Statute of Limitations

Detroit Association of Educational Office Employees, Local 4168 -and- Elnora Carter

Unfair Labor Practice Not Found: Charging Party Failed to Assert a Valid Claim Under PERA; Allegations Failed to Demonstrate a Breach of the Duty of Fair Representation by Respondent Union; Mere Dissatisfaction with the Union’s Efforts is Insufficient to Support a PERA Violation.  Allegations of Incidents Occurring in 2004 are Barred by the Six Month Statute of Limitations Period Under PERA.

Failure to State a Claim; Statute of Limitations; Duty of Fair Representation

Third Circuit Court -and- AFSCME Council 25

Unfair Labor Practice Not Found – Employer’s Charge Summarily Dismissed; No Genuine Issue of Material Fact; Employer’s Charge Failed to State Claims Upon Which Relief Could be Granted.  Requesting Either Presumptively or Arguably Relevant Information Does Not Violate PERA; Parties may Request Information Relevant to Mandatory Subjects of Bargaining for Contract Negotiations and Fact-Finding; Providing Information is Part of the Duty to Bargain in Good Faith.  Employer’s Charge that Union Prepared Record of Fact-Finding Proceedings in Violation of Commission Rule Failed to State a Claim; Violation of Commission Rule does not Necessarily Violate PERA; Commission Rule Requiring Consent by Both Parties Before Preparation of Official Record of Fact-Finding Proceeding not Violated; Union’s Preparation of Unofficial Record of Public Fact-Finding Proceedings does not Violate PERA.

Summary Disposition; Failure to State a Claim

AFSCME Local 1583 -and- Alexander L. Williams

Unfair Labor Practice Not Found: Charge Failed to State a Valid Claim Under PERA; Pleadings Contained No Clear and Complete Statement of Facts Alleging Violations of the Act; Allegations Failed to Assert That Respondent Acted Arbitrarily, Discriminatorily or in Bad Faith. Failure to Respond to Show Cause Order May Itself Warrant Dismissal of Charge. Charge Barred By Six Month Limitations Period.

Lansing School District
-and- AFSCME Council 25
-and- Lansing Education Assistants Association MEA/NEA

Unit Clarification Petitions Denied - Commission Defers to Employer’s Reasonable Decision to Place New Position in one of two Competing Units with which Position Shares a Community of Interest; Commission does not determine relative degrees of Community of Interest.  Petitioners’ Requests to Move Existing Position from Current Bargaining Unit Denied; Commission Will Not Move Position from Current Bargaining Unit Unless Employer’s Changes to Position Destroy Community of Interest Between Position and Bargaining Unit.  Petitioners Failed to Assert that Changes in Positions’ Duties Destroyed Community of Interest Between Contested Positions and Historical Unit.

Unit Clarification; Community of Interest

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

This page last updated 07/09/12