September 2009

Detroit Public Schools -and- Stephen Cohn and Heather Miller

Unfair Labor Practice Found-- Respondent’s Exceptions Withdrawn; Parties Settled Underlying Dispute.  Respondent Unlawfully Discriminated Against Charging Parties for Engaging in Lawful Union Activity; Respondent Disciplined Charging Parties for Their Off-Duty Participation in a Lawful Demonstration and After They Urged Union to Sue Employer.  Respondent Knew Charging Parties were Union Activists; Anti-Union Animus Demonstrated by Direct and Circumstantial Evidence; Respondent Failed to Show Legitimate Reason for Discipline.  Respondent Unlawfully Interfered With Charging Parties’ Rights to Engage in Protected Concerted Activity; Respondent’s Stated Purpose for Discipline was Charging Parties’ Participation in Off-Duty Peaceful Picketing Aimed at Changing an Employer Policy or Practice.

Coercion, Restraint of, Interference With or Discrimination because of protected concerted activity; Anti-Union animus; Conduct Inherently Destructive of Employee Interests

Brighton Area Schools -and- Brighton Education Association

Duty to Bargain; Mootness

Highland Park School District
-and- Walter Shepard

Unfair Labor Practice Not Found -- Charging Party Failed to Assert Claim Under PERA; Charge Failed to Allege Facts that Employer Took Adverse Action Against Charging Party for Engaging in Protected Concerted Activity. Charging Party Failed to Respond to Show Cause Order; Failure to Respond to Show Cause Order May Warrant Dismissal of Charge.

Failure to State a Claim; Failure to Respond to Show Cause Order

American Federation of State, County and Municipal Employees (AFSCME), Council 25 -and- Walter Shepard

Unfair Labor Practice Not Found -- Charging Party Failed to Assert Claim Under PERA; Charge Failed to Allege that Union Acted Arbitrarily, Discriminatory, or in Bad Faith in its Decision Not to Arbitrate Charging Party’s Discharge Grievance.  Charging Party Failed to Respond to Show Cause Order; Failure to Respond to Show Cause Order May Warrant Dismissal of Charge.

Failure to State a Claim; Failure to Respond to Show Cause Order; Duty of Fair Representation

American Federation of State, County and Municipal Employees, Local 2074
-and- Beverly Moore

Unfair Labor Practice Not Found-- Charging Party Failed to State a Claim under PERA; Allegations Failed to Assert That Respondent Violated Its Duty of Fair Representation. Charging Party’s Belief That Respondent Took Too Long to Address Her Grievances Is Not Deemed a Breach of the Duty of Fair Representation by the Union, Where the Delay Does Not Cause the Grievance to be Denied.

Failure to State a Claim; Duty of Fair Representation

Michigan Education Association
–and- Damian C. Andriacchi

Failure to State a Claim; Duty of Fair Representation

Grand Valley State University
-and- Beverly Moore

Unfair Labor Practice Not Found-- Charging Party Failed to Assert a Claim Under PERA;  Allegations Failed to Assert that Employer Took Adverse Action Against Charging Party for Engaging in Protected Concerted Activities; Claim Barred by Statute of Limitations; Charging Party Knew of Adverse Action More than Six Months Prior to Filing Charge. Commission Lacks Jurisdiction to Address Alleged Violations of Federal Law.

Failure to State a Claim;  Statute of Limitations

Trinity Continuing Care –and- Susan G. Wise

Unfair Labor Practice Not Found-- Charge Barred by LMA 6 month Statute of Limitations.  Charging Party Failed to State a Claim Under the LMA; Charge Failed to Allege Employer Interfered With, Restrained, or Coerced Employee From Engaging in Protected Activities.

Failure to State a Claim; Statute of Limitations

Charter Township of Marquette -and- AFSCME Council 25

Unfair Labor Practice Found: Respondent Violated Duty to Bargain in Good Faith; Respondent Refused to Arbitrate Arguably Arbitrable Grievance; Arbitrator has Authority to Determine Arbitrability.

Duty to Bargain; Grievance arbitration, arbitrability

Wayne County -and- Michigan AFSCME Council 25, AFL-CIO

Duty to Bargain; Information Request. Failure to Respond to Show Cause Order

Mount Clemens Community School District -and- Mount Clemens Association of Educational Office Employees and MEA/NEA, Local 1
-and- Phyllis P. Williams

Unfair Labor Practice Not Found-- Charges Against Respondents Dismissed:  Charging Party’s Claim Against Respondent Employer Barred by Six Month Statute of Limitations; Allegations Against Respondent Employer Failed to State an Actionable Claim Under PERA; The Act Does Not Prohibit All Types of Discrimination or Unfair Treatment Absent a Showing of Retaliation Against Charging Party For Engaging In Protected Activities.  No Breach of the Duty of Fair Representation Found Where Charging Party Failed to Show Respondent Union Acted Arbitrarily, Discriminatorily or in Bad Faith By Deciding Not To Arbitrate Grievance.

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

Ann Arbor Public Schools –and- Chai Montgomery

Failure to State A Claim; Coercion because of protected concerted activity

Washtenaw County
-and- AFSCME Council 25, Local 3052

Motion for Reconsideration of Unit Clarification Petition Denied – Petitioner Restated Argument that Employer Did Not Provide Timely Information; Commission Not Persuaded that Due Diligence Would Not Have Uncovered Newly Submitted Information Prior to Filing of Two Original Petitions; Petitioner’s Newly Submitted Information Does Not Establish That Positions in Question Were Either Newly Created or Recently Substantially Modified, Rendering the Positions Inappropriate for Unit Clarification; Commission Rule 165(3) Does Not Require the ALJ to Issue an Order to Petitioner to Show Cause Why Summary Disposition Should Not Be Granted.

Reconsideration; Unit Clarification; Newly created or substantially changed position. Minimum pleading requirements; Summary Disposition; Timeliness

Pontiac School District –and- Ann Gracia

Reconsideration;Withdrawal of Charge; Publication of Decision

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

This page last updated 07/09/12