April 2012

Reconsideration Granted; Exceptions from Both Parties Reviewed. Prior MERC Decision Vacated.  Charge Against Employer Dismissed; Allegations Failed to State A Valid PERA Claim; No Bargaining Violation Found Where Parties Reached a Verbal Agreement on a Change to a Mandatory Subject of Bargaining Which Was Documented in a Written Letter to the Union.  Employer’s Objection to ALJ’s Footnote Dismissed, as Footnote is Not Material to Outcome of Case.

Petition for Unit Clarification Dismissed- Burden to Show That Employee is an Executive is on Party Seeking to Exclude Employee from PERA’s Protections.  Executive Exclusion Depends on Scope of Responsibilities, Extent of Authority, and Interchangeability of Functions With Other Executives.  Where Employee’s Policy Decisions are Limited to Assigned Department, and City Council and/or City Manager Approval is Required for Most Decisions, Employee Does Not Have Sufficient Policy-Making Authority to be Excluded from bargaining unit as Executive.

Motion to Intervene Denied- Proposed Intervenors Have No Standing to File a Charge Alleging a Violation of the Duty to Bargain and, Therefore, No Right to Intervene; The Duty to Bargain Runs Between the Union and the Employer, not Between Individual Employees and the Employer; The Union is the Only Entity with the Authority to Pursue Claims against the Employer Related to the Collective Bargaining Agreement.

West Bloomfield Township
-and- Police Officers Association of Michigan (POAM)
 

Unfair Labor Practice Not Found, Respondent did not Engage in Direct Dealing by Inquiring Into a Bargaining Unit Member’s Interest in a Non-Union Position in Exchange for Removing His Name From the Promotion List;  Mere Discussions Between an Employer and Employee to Ascertain that Employee’s Interest in a Non-Union Position Do Not Constitute a Direct Dealing Violation Under PERA Where There Has Been No Change in the Terms and Conditions of Employment and the Union’s Authority Has Not Been Undermined.

Leelanau County and Leelanau County Sheriff
-and- Teamsters Local 214
-and- Command Officers Association of Michigan

Challenged Ballot to be Counted - Revised Tabulation of Results to be Issued Reflecting the New Count; Employees Who are Employed on Both the Date Established for Eligibility Purposes and on the Date of the Election are Eligible to Vote in That Election.

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

This page last updated 6/07/12