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June 2010

June 2010

Name
Subject Matter
Date Issued
Case Number
Lansing Schools Education Association
-and- Mary Cobb

Unfair Labor Practice Not Found--   Exceptions Disregarded Where Charging Party Failed to Serve Respondent; Charging Party Did Not Provide Commission With Required Statement of Service Attesting that Respondent Was Sent a Copy of Her Exceptions.  Summary Dismissal of Charge Appropriate Where No Material Issues Exist; Commission Adopted the ALJ’s Decision and Recommended Order
6/30/10
 
 CU10 C-007
Detroit Public Schools
-and- Int’l Union of Operating Engineers, Local 324
-and- Alice Gibson, Davida Green, Rokola Bond, Danielle Alfaro, George Bass, Ronald Marshall, Walter Ware, John Hall and John Watkins, Jr.
 		 20 Day Order - MERC no longer prepares summaries on decisions without exceptions.
6/22/10
(20 Day Order)
 
 C10 C-088 & CU10 C-013
City of Detroit
-and- Detroit Fire Fighters Association, IAFF, Local 344

20 Day Order - MERC no longer prepares summaries on decisions without exceptions.
6/21/10
(20 Day Order)
 
 C08 B-047
City of Roseville
-and- AFSCME Council 25 and its Affiliated Local 520
 

Unfair Labor Practice Found – Failure to Bargain in Good Faith; Where an Agreement on a Permissive Subject of Bargaining is the Quid Pro Quo for an Agreement on a Mandatory Subject of Bargaining, Respondent’s Repudiation of the Agreement is Unlawful.
6/11/10
 
 C08 I-196
City of Detroit
-and- Association of Municipal Engineers

Unfair Labor Practice Not Found - 3 Day Disciplinary Suspension of Union President/Employee Lawful; Suspension Issued upon Employee’s Refusal to Perform Lawful Work Assignment; No Unlawful Inference with Protected Concerted Activity Found.
6/10/10
 
 C06 E-120
County of Wayne
-and- AFSCME
-and Rinardis Upshaw

Unfair Labor Practice Not Found--   All Charges Summarily Dismissed; Charging Party’s Unsupported Allegations Failed to State Claims Under PERA.  Allegations Against Respondent Employer Barred by PERA’s Six Month Limitations Period and Did Not Suggest that the Employer’s Layoff and Recall Actions Were Intended to Discourage, Interfere or Retaliate Against Charging Party for Engaging in Protected Activity. Allegations Against Respondent Union Insufficient to Establish a Breach of Its Duty of Fair Representation for Settling Charging Party’s Grievance Along With Other Outstanding Grievances.
6/10/10
 
 C08 D-065 & CU08 D-017
AFSCME Council 25 and its Affiliated Local 290
-and- James Evans

Unfair Labor Practice Not Found--Charge Summarily Dismissed; Allegations Failed to State a Claim Under PERA; Charge and Other Pleadings Did Not Indicate Specific Dates or Timeline for the Alleged Incidences of Union Misconduct; Conclusory Assertions of Improper Representation Against the Union Insufficient to Establish a Breach of the Duty of Fair Representation Claim. Charging Party’s Failure to Respond to the ALJ’s Show Cause Order Also Warranted Dismissal.
6/10/10
 
 CU09 B-005

University of Michigan -and- University of Michigan Skilled Trades Union

Unfair Labor Practice Not Found: Charging Party’s Charge Presented No Issues of Material Fact; Respondent Did Not Violate PERA When It Allowed Its Departments to Choose Outside Contractors; Parties’ Bargaining Agreement Gives Respondent Authority to Choose Who Services its Departments. Respondent’s Use of Recharge Rates Did Not Violate PERA; Charge Fails to State a Claim Under PERA.
6/10/10
 C09 A-002
Wayne State University -and- AFSCME Council 25, Local 1497 -and- Donald Kirkland

Unfair Labor Practice Not Found--Exceptions Disregarded Where Not Served on Respondents; Charging Party Did Not Provide Commission With Statement of Service Attesting that Respondents Were Sent a Copy of His Exceptions.  Commission Adopted ALJ’s Decision and Recommended Order; Summary Dismissal of Charges Appropriate Where Allegations Failed to State Valid PERA Claims.
6/10/10
 
 C09 K-225 & CU09 K-039

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

This page last updated 7/9/12