March 2010

Kalamazoo County
-and- Kalamazoo County Sheriff’s Deputies Association
-and- Kalamazoo County Sheriff

Dismissal of Act 312 Petition Denied: County’s Motion to Administratively Dismiss Union’s Petition for Act 312 Arbitration Denied; Issue Not Moot; Commission Will Exercise its Discretion in Addressing Issues When Statutory Matters are of Sufficient Importance; Disputed Positions are Covered by Act 312 Statutory Language; Commission Will Look to Job Duties, Not Job Title, in Ascertaining Whether or Not Positions Come Under the Purview of Act 312; Deputy and Sergeant Positions are Filled by MCOLES Certified Sworn Police Officers, Thus Positions are Encompassed by Statute; Nurse Position Contains Duties That Are Consistent With “Emergency Medical Personnel” Language in Act 312 Statute.

Inkster Housing & Redevelopment Authority
-and- AFSCME Council 25 & Its Affiliated Local 290

Unfair Labor Practice Not Found – Claim that Respondent Unlawfully Discharged Union Steward Dismissed Where Charging Party Did Not Establish that Steward’s Protected Activities Were a Motivating Factor in Its Decision to Discharge Him;  Evidence Established that Union Steward Was Discharged for Poor Work Performance and Poor Work Attitude.

Wakefield-Marenisco School District
-and- Wakefield-Marenisco Education Association, MEA/NEA

Unfair Labor Practice Not Found:  Charge Barred by PERA’s Six-Month Statute of Limitations; Limitations Period Begins to Run When Party Knows or Should Have Known of Alleged Violations; Insufficient Evidence to Show Respondent Lulled Charging Party into Believing Respondent Would Change its Chief Negotiator; Had Respondent’s Chief Negotiator Been an Attorney, Negotiator’s Actions Would be Improper; Respondent’s Chief Negotiator is an Agent, as Such, Duty of Loyalty to Former Employer Ends When Agency Relationship Ends; Respondent’s Chief Negotiator Has a Duty to Refrain From Disclosing Confidential Information Gleaned Through Prior Relationship With Charging Party.

AFSCME Council 25, Local 1023 -and- Tajauna Bell
 

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

City of Flint (Police Dept)
-and- Police Officers Labor Council (Flint Police Sergeants Association) -and- Police Officers Labor Council (Flint Police Captains and Lieutenants Association)

Motion for Reconsideration Denied – The Commission Generally Does Not Grant Reconsideration of Issues Previously Ruled on by the Commission in the Same Matter.  Petitioner Restated Argument that Relief to Be Granted by Commission’s Decision and Order is Moot; Merits of Argument Already Considered by Commission and Rejected.

International Union of Operating Engineers, Local 324
-and- Victor McCastle

City of Detroit (Dep’t of Water & Sewerage)
-and- AFSCME Council 25
-and- Donald LePaul Hooks
 

Unfair Labor Practice Not Found--   Summary Dismissal of All Charges Appropriate Where No Material Issues Exist.  Allegations Barred by the Six Month Limitations Period and Failed to State Valid Claims Under PERA; Claims Did Not Indicate Any Employer Misconduct Motivated by Anti-Union Animus; Claim Did Not Indicate that the Union Acted Arbitrarily, Discriminatory or in Bad Faith in Denying Representation to Charging Party.

Wayne County
-and- Yolanda S. Taylor

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

This page last updated 7/9/12