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January 2010

Name
Subject Matter
Date Issued
Case Number
Topic(s)
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
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

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

Ottawa Area Intermediate School District
-and- Patricia Meyer

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
C07 E-110 Failure to State a Claim; Commission Jurisdiction – Act 312; Duty to Bargain

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

This page last updated 7/9/12