November 2010

Unfair Labor Practice not Found; Summary Dismissal Appropriate Where Charge Failed to State a Valid PERA Claim; Charging Parties’ Failed to Provide Sufficient Factually Based Allegations to Support a Claim Against the Union; A Member’s Dissatisfaction With a Union’s Efforts or Decision not to Pursue a Grievance, Alone, is Insufficient Basis for Breach of the Duty of Fair Representation Claim. Charging Parties’ Failure to Address the Specific Issues Raised in the ALJ’s Show Cause Order, also, Warrants Dismissal of the Charge.  Oral Argument Not Required Where Charging Parties Failed to Request It and Failed to Respond to the Show Cause Order.

Unfair Labor Practice not Found; Summary Dismissal Appropriate Where Charge Failed to State a Claim Upon Which Relief Can Be Granted under PERA; Duty of Fair Representation not Breached by Union’s Failure to Pursue Grievance Against Charging Party’s Employer to Arbitration after Determining Grievance lacked Merit. Charging Party’s Failure to Address the Specific Issues Raised in the ALJ’s Show Cause Order, also, Warrants Dismissal of the Charge.  Oral Argument Not Required Where Charging Party Failed to Request It and Failed to Respond to the Show Cause Order.

Unfair Labor Practice not Found; Summary Dismissal Appropriate Where Charge Failed to State a Claim Upon Which Relief Can Be Granted under PERA; Allegations of Contract Breach by the Employer, Alone, are Insufficient Grounds for an Unfair Labor Practice Charge.  Charging Parties’ Failure to Address the Specific Issues Raised in the ALJ’s Show Cause Order, also, Warrants Dismissal of the Charge.  Oral Argument Not Required Where Charging Parties Failed to Request It and Failed to Respond to the Show Cause Order.

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

Bargaining Unit Clarified – Unit Clarification Appropriate for Fiscal Coordinator Position which has Undergone Recent Substantial Changes; Fiscal Coordinator Position Included in Petitioner’s Unit. Community of Interest Present between Fiscal Coordinator and Positions in Petitioner’s Unit.  Fiscal Coordinator, Like other Unit Positions are Nonprofessional, Nonsupervisory Employees, Who Perform Services Central to Supporting the Employer’s Educational Mission

Royal Oak Public Schools
-and- Royal Oak Educational Association

Unfair Labor Practice Not Found - Right to Make Changes to School Hours Covered By Parties’ Existing Agreement; Right to Bargain School Hours Issue was Waived by Entering Collective Bargaining Agreement Covering that Issue.  Issue of Alleged Failure to Bargain School Hours Became Moot When Parties Entered Subsequent Contract Containing the Same Language on School Hours that was the Subject of the Dispute

City of Livonia
-and- Michigan AFSCME Council 25

Unfair Labor Practice Not Found - Union Failed to Prove Anti-Union Animus was a Motivating Factor in Employee’s Termination; Isolated Negative Comment About Union Insufficient to Prove Animus; Typical Use of Pre-Existing Security System to Monitor Employees Insufficient to Prove Animus; Employee’s Lengthy Discipline History Justified the Termination of Employment.

Petition for Representation Election Granted – Commission Reversed its Policy Regarding the Act 312 Election Bar; Incumbent Union had Filed an Act 312 Interest Arbitration Petition and Attempted to Invoke Act 312 Election Bar; Bar Acted to Usurp Employees Statutory Right to Choose Bargaining Representative. Even if Commission Maintained Act 312 Election Bar, the Policy Would Not Apply in this Instance; Two Week Window in Which to File Election Petition held Insufficient.

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

This page last updated 7/9/12