January 2011

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

Unfair Labor Practice Not Found: Collective Bargaining Agreement between Respondent City and Union Was Not Repudiated by Respondent Building Authority's Efforts to Contract Out Work Performed by Bargaining Unit Members;Building Authority was not a Signatory to the Collective Bargaining Agreement and was not Acting as an Agent of the City; Joint Employer Status not Found when Putative Joint Employer Lacked Control over Hiring, Discipline, or Discharge of Workers and over Terms and Conditions of Their Employment.

Petition for Unit Clarification Denied-Employer’s Unit Placement Choice not Disturbed by Commission when Position Placed in One of Multiple Acceptable Units; Campus Security Police Officer (CSPO) had Community of Interest with Petitioners Unit of Security Officers and Unit in which Position was Placed by Employer; Although Employees Initially Hired to be CSPOs Originally Performed Same Duties as Security Officers, the Powers and Duties of CSPOs Changed Significantly in December 2009, Upon Licensure of Employer as Private Security Police Agency and Its Employment of CSPOs as Certificated Private Security Police Officers; After the Employer’s Licensure, the CSPO Position had Greater Authority, Responsibilities, and Qualification Requirements than Security Officer Position.  Adjudication of Petitioner’s Claim of Unlawful Motive not Appropriate in Unit Clarification Proceeding; Proper Forum for such Argument is Pending Unfair Labor Practice Charge Proceeding.

Direction of Election; The Newly-Created Position Was Appropriately Included in the Incumbent’s Unit Based on a Shared Community of Interest with that Unit.  Inclusion of Additional Position in Unit Substantially Enlarged Unit, Thus Petitioner Must Supply an Additional Showing of Interest Sufficient to Support Petitioner’s Participation in an Election in the Expanded Unit.

Petition for Unit Clarification Granted-Fire Inspector Shares Community of Interest with Bargaining Unit of Firefighters Based on Commonality of Purpose and Similarities in Duties, Skills and Working Conditions.; Fire Inspector Position Eligible for Act 312 Interest Arbitration as it is Subject to Hazards of Firefighting; Agreement Between the Parties Regarding Temporary Position not a Waiver by Union of Right to Seek Representation of Permanent Fire Inspector Position; Fire Inspector Without Employer-Wide Policy Making Authority or Level of Control Sufficient to Justify a Finding of Executive Status.

International Union, United Automobile Workers (UAW), Local 771
-and- Kevin (John) Malloy

Unfair Labor Practice Not Found-- Charging Party Failed to Establish that the Union Acted Arbitrarily, Discriminatorily or in Bad Faith in Deciding not to Arbitrate His Discharge Grievance; A Member’s Mere Dissatisfaction With a Union’s Decision not to Pursue a Grievance, Alone, is Insufficient Basis for finding a Breach of the Duty of Fair Representation; Allegations Containing Conclusory Statements of Improper Representation by a Union are not Sufficient to Prevail on a Breach of Duty of Fair Representation Complaint; Commission Will Not Evaluate Whether the Union Reached the Right Conclusion on a Grievance so Long as Its Decision is Within an Acceptable Range of Reasonableness.

City of River Rouge
- and- River Rouge Fire Fighters Association, Local 517

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