February 2010

Unfair Labor Practices Not Found- Allegations Failed to State Claims Upon Which Relief Could be Granted Under PERA; Charge Against Respondent Employer Time Barred by the Six Month Statutory Period; Charging Party Knew of the Additional Testing Requirements Nearly Two Years before Filing His Charge; Amended Charge Did Not Allege that the Employer's Implementation of New Overtime Policy Was Motivated by Anti-Union Animus. Charge Against Respondent Union Failed to Allege that It Had Acted Arbitrarily, Discriminatorily or in Bad Faith.

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

20 Day Order - MERC no longer prepares summaries on decisions without exceptions

Duty to Bargain; Mandatory Subjects of Bargaining-Unilateral Change-Good Faith Dispute; Information Request

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

Reconsideration Denied: Respondent's Object to Publication of ALJ's Decision an Recommended Order Within Motion for Reconsideration Untimely; Respondent Failed to make Objection Prior to Commission's Decision and Order Granting Leave to Withdraw the Charge; Unless Commission Receives Timely Request Stating Valid Grounds, Commission Will Not Deviate From Long Standing Practice of Publishing ALJ's Decision and Recommended Order After Charges are Withdrawn; ALJ Appropriately Addressed the Merits Raised by Motion for Summary Disposition.

Reconsideration; Withdrawal of Charge - Publication of Decision – Failure to Object Timely

Alpena Regional Medical Center -and- Michigan Nurses Association

Unfair Labor Practice Found – Unilateral Change- Employer Unlawfully Implemented Incentive Bonus During Contract Negotiations
Unfair Labor Practice Not Found – Unilateral Change – Employer Did Not Violate Duty to Bargain When It Implemented Changes in Union Leave Time Consistent With Arbitrator’s Interpretation of the Contract – Unfair Labor Practice Not Found – Unilateral Change – Evidence Did Not Demonstrate That Practice of Holding Joint Nursing Administration Meetings Monthly Had Become a Term or Condition of Employment – Unfair Labor Practice Not Found – Duty to Provide Information – Employer Did Not Violate Duty When It Provided Information in a Different Form – Unfair Labor Practice Not Found – Surface Bargaining – Evidence Did Not Show that Employer Attempted to Avoid Meeting With Union, Presented Unreasonable Bargaining Proposals to Avoid Reaching Agreement, Engaged in Unlawful Direct Bargaining With Employees by Communicating With Them Regarding Its Bargaining Proposals, or Sought to Intimidate Employees and Union Officers By Reminding Them that Strikes By Public Employees Are Unlawful and Stating that It Would Take Steps to Enforce Its Rights If There Was a Strike.

Duty to Bargain: Mandatory Subjects of Bargaining -Unilateral Change –Demand to Bargain; &  Information Request Request; Surface Bargaining-Direct Dealing

Unfair Labor Practice Not Found -- Summary Disposition Appropriate; No Material
Issues of Fact.  Charge Barred by the Six Month Limitations Period; Charging Party
Knew of the Complained of Conduct by Each Respondent More than 6 months Before
Filing His Charges; Amended Charge Untimely Where it Raised New Allegation of
Retaliation Not Contained in Original Charge.  Charge Against Employer Failed to State
Valid Claim Under PERA; Claim by Individual that Employer Breached Collective
Bargaining Agreement, Without More, Does Not State a Claim Under PERA. Charge
Against Union Failed to State Valid Claim Under PERA; Allegation that Union Delayed
Processing of Grievance, Where Delay Does Not Cause Denial of Grievance, Is
Insufficient to State a Claim of Breach of Duty of Fair Representation.

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

This page last updated 7/9/12