February 2011

Post Decision Motions Denied:  Allegations Time Barred and Failed to Set Forth Adequate Grounds for Relief under PERA or Commission’s General Rules; Future Filings by Charging Party Based on Allegations Stemming from his 2003 Termination Will be Administratively Dismissed and Returned without Further Processing.  

Attorney Fees and Costs Not Awarded – Court of Appeals Precedent Prohibits Award of Attorney Fees and Costs Under PERA.

Unfair Labor Practice Not Found: Summary Dismissal Appropriate Where Charge Failed to State a Valid Claim Under PERA; Allegations Did Not Indicate Any Conduct by Respondent that Interfered with, Restrained, Coerced, or Retaliated against Charging Party for Engaging in PERA Protected Activity;  Commission Lacks Authority to Remedy Allegations of  Discrimination Due to Race, Age or Disability.

Unfair Labor Practice Found: Employer Repudiated its Contractual Obligation to Charging Party by Failing to Make Annual Service Adjustment (ASA) Payments to Bargaining Unit Members as Outlined in the Clear and Explicit Language of the Memoranda of Agreement between the Parties; Commission Lacks Authority to Cancel a Party’s Obligation Under an Agreement Merely Because It Becomes Onerous. Successor Contract Language Bars ASA Payments to Charging Party’s Supervisory Unit during Contract Term.

Unfair Labor Practice Not Found; No Breach of the Duty to Bargain; Union Requested Imposition of Previously Rejected Tentative Agreement; Employer’s Implementation of Reduction in Work Hours Authorized by Union Agreement.

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

This page last updated 7/09/12