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Name
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Subject Matter
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Date Issued
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Case Number
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Topic(s)
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| Macomb County, Macomb County Road Commission, & 16TH Circuit Court -&- Teamsters State, County & Municipal Workers, Local 214 |
Unfair Labor Practice Not Found – Charge Against Respondents Dismissed; Respondents Did Not Violate Duty to Bargain in Good Faith; Method for Calculating Pension Benefits is a Mandatory Subject for Bargaining; Parties’ Collective Bargaining Agreements Incorporated the Language of the Retirement Ordinance; Adoption of New Mortality Table Was Consistent With the Retirement Ordinance. Question of Whether Mortality Table was Actuarially Equivalent was a Matter to be Decided through the Contract Grievance Procedure. |
1/25/10
(20 day order) |
C07 E-111 |
Duty to Bargain -Good faith dispute over contract interpretation |
| Macomb County, Macomb County Road Commission, & 16TH Circuit Court -&- AFSCME Council 25, and its Affiliated Locals 411 and 893 AFL-CIO -&- International Union, UAW and its Locals 412 and 889 -&- Michigan Nurses Association |
Unfair Labor Practice Found -- Respondents Violated Duty to Bargain in Good Faith; Parties’ Past Tacit Acceptance and Use of a Unisex Mortality Table to Calculate Optional Joint-and-Survivor Pension Benefits Constituted an Amendment to the Parties’ Present Collective Bargaining Agreements; Switch to a Blended Mortality Table Was Not Required by an Amendment to the Retirement Ordinance; Respondents’ Unilateral Adoption of a Blended Mortality Table That Reduced Monthly Payments to Retirees Violated the Duty to Bargain Because the Method for Calculating Pension Benefits Is a Mandatory Subject of Bargaining; Charging Parties’ Did Not Waive Their Right To Bargain Over the Subject. |
1/25/10
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C07 D-083, C07 D-086, C07 D-087 & C07 E-115 |
Duty to Bargain – past practice |
| City of Pontiac & Pontiac Housing Commission &Michigan AFSCME Council 25, AFL-CIO |
Unfair Labor Practice Not Found: Summary Dismissal is Appropriate Where the Relitigation of Issues Underlying the Charge is Barred by Res Judicata. |
1/21/10
(20 day order) |
C07 I-211 |
Duty to Bargain & res judicata |
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University of Michigan -and- Zohreh Panahi-King |
Unfair Labor Practice Not Found: Summary Disposition Appropriate as There are No Material Issues of Fact; Charge Barred by PERA’s Six Month Statute of Limitations; Charging Party’s Internal Grievance Appeal Does Not Toll the Limitations Period For Filing a Charge Against Respondent Employer. Charging Party’s Allegations Insufficient to Establish the Existence of Bias or a Conflict of Interest by the ALJ. |
1/15/10 |
C08 I-193 |
Statute of Limitations (tolling); Summary Disposition; ALJ Bias |
| Wayne County & John P. Chevillot |
Unfair Labor Practice Not Found– Charge Failed to Assert a Claim for Which Relief Could Be Granted Under PERA; Charging Party’s Allegation that Employer Improperly Denied His Promotion, Even if True, is Not Grounds For an Unfair Labor Practice Absent a Factual Allegation that Employer’s Adverse Action Was Motivated by Union or Other Activity Protected By Section 9 of PERA. |
1/05/10
(20 day order) |
C09 G-119 |
Failure to State a Claim |
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Ottawa Area Intermediate School District |
Unfair Labor Practice Not Found– Charge Failed to Assert a Claim for Which Relief Could Be Granted Under PERA; Allegation that School District Damaged the Reputation of a Non-Employee Activist Does Not Constitute an Unfair Labor Practice Charge Because PERA Does Not Prohibit Defamation of Non-Employee Activists. |
1/05/10
(20 day order) |
C09 G-132 |
Failure to State a Claim |
| City of Detroit (Police Department) & Detroit Police Officers Association |
Unfair Labor Practice Not Found: Charge Failed to State a Valid Claim Under PERA; Refusal to Bargain Not Found; Respondent Had no Duty to Bargain Over Contract Provisions Established by an Act 312 Arbitration Award; Commission Does Not Have Jurisdiction Over Review and/or Interpretation of Act 312 Arbitration Awards; Whether or When Respondent Needs to Hold an Open Enrollment Requires Interpretation of the Act 312 Arbitration Award Which is Outside the Jurisdiction of the Commission; Charge Failed to Allege any Facts Showing Repudiation of Award by Respondent. |
1/05/10
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C07 E-110 | Failure to State a Claim; Commission Jurisdiction – Act 312; Duty to Bargain |
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Michigan State Government This page last updated 7/9/12 |
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