December 2011

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

Direction of Election-Where There Is No Dispute over the Scope of the Bargaining Unit and No Dispute That a Question of Representation Exists, an Election Must Be Directed; An Individual Holding a Position in the Bargaining Unit Has the Right to Vote in the Commission Directed Election to Determine the Unit's Bargaining Representative;  The Parties Dispute As to Whether the Individual Should Fill the Position That He Occupies Is It Not a Matter to Be Determined in the Context of a Representation Election.

Unfair Labor Practice Not Found: Summary Dismissal Appropriate Where Charge Fails to State a Valid PERA Claim; Allegations Did Not Factually Support that Respondent’s Conduct Constituted an Unlawful Restraint or Coercion Where the Union’s Press Release Did Not Explicitly Single Out the Director for Criticism or Demand He Be Replaced; Absent Special Circumstances, a Union‘s Press Release That Contains No Specific Threats of Harm is Protected Activity Under PERA and the First Amendment.

Reconsideration Granted – Matter Remanded for Hearing; Petitioner Submitted Affidavits Attesting to Facts Not Previously Available to Commission; Representation Proceedings Are Investigatory Proceedings; the Commission Has the Obligation to Determine the Facts; Facts Proffered with Motion for Reconsideration Indicate That There May Be Reasonable Cause to Find That There Is a Question of Representation.  Attorney General's Motion to Intervene Denied – Attorney General's Right to Intervene Is Not Unlimited; Intervention for Purpose of Denying Statutory Rights Is Inimical to the Public Interest and Cannot Be Allowed.  Motion to Intervene by Proposed Intervenor Students Against GSRA Unionization Denied – Intervention in an Election Proceeding Is Only Granted When a Rival to the Labor Organization Seeking Representative Status Wishes to Be Included on an Election Ballot and Makes a Proper Showing of Interest; Proposed Intervenor Did Not Seek Placement on the Ballot and Did Not Have Authorization Cards Establishing Showing of Interest.

Schoolcraft College
-and- Ruth Ellen Singer

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 07/24/12