May 2010

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

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

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

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

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

Wayne County
-and- Michigan AFSCME Council 25 And Its Affiliated Locals 25, 101, 409, 1659, 1905, 3317 And 3309

Exceptions Withdrawn: Respondent Withdrew Exceptions to ALJ’s Decision and Recommended Order; Commission Adopts Decision and Recommended Order of ALJ.

Unfair Labor Practice Found: Respondent Violated Duty to Bargain; Respondent Failed to Provide Charging Parties With the Home Addresses of Employees Represented by Charging Parties/Unions; Charging Parties owe a Duty of Fair Representation to All Bargaining Unit Members; Home Addresses and Telephone Numbers of Charging Parties’ Bargaining Unit Members are Presumptively Relevant; Respondent has Obligation to Provide such Information to Labor Organizations to Which it Owes a Duty to Bargain.  Information Exempt from Disclosure under FOIA is Not Necessarily Exempt from Disclosure under PERA.

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

Unfair Labor Practice Not Found:  Charge Summarily Dismissed; Charging Party Failed to State a Claim under PERA; Conclusory Assertions Do Not Allege Facts Indicating that the Union Acted Arbitrarily, Discriminatorily, or in Bad Faith in Deciding Not to Act on Alleged Contract Violations; Dissatisfaction with Union’s Efforts, Alone, Is Insufficient to Establish a Claim; Delay In Processing Grievances Not Grounds for a Charge Where the Delay Does Not Cause the Grievance to be Denied.

Reconsideration Denied: Charging Party Failed to Set Forth Adequate Grounds for Reconsideration; A Reconsideration Request that Merely Presents the Same Issues Already Ruled on by the Commission Will Be Denied as Required by Commission Rule 167.  Reopening Record Denied:  Motion Sought to Introduce Information Not Newly Discovered and Would Not Support Changing the Result Already Reached by the Commission as Required by Commission Rule 166.

Unfair Labor Practice Not Found: Charge Summarily Dismissed; Allegations Insufficient to Support a Claim that Union Acted Arbitrarily, Discriminatorily or in Bad Faith by Not Pursuing Grievances; Discontent with the Union’s Efforts and Charging Party’s Conclusory Statements are Not Enough for a Claim Against Respondent.  Failure to Timely Respond to Show Cause Order May, In Itself, Warrant Dismissal of Charge.

Unfair Labor Practice Not Found: Charging Party Failed to State a Valid PERA Claim; Absent a Factually Supported Allegation that Employer was Motivated to Discriminate Against Charging Party Due to Union or Other Protected Activity, Commission is Foreclosed from Making Judgment on the Merits or the Fairness of the Employer’s Actions.  Commission Lacks Jurisdiction to Address ADA Allegations.

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

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

This page last updated 7/9/12