January 2012

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

Detroit Public Schools
-and- Teamsters Local 214
 

Unfair Labor Practice Not Found: Respondent Did Not Violate Duty to Bargain Regarding Placement of Newly Created Positions into a Rival Bargaining Unit Where a Shared Community of Interest Existed Between the New Positions and Both Existing Bargaining Units; Where a Newly Created Position Shares a Community of Interest with More Than One Existing Bargaining Unit that Claims the Position, MERC Does not Interfere With the Employer’s Placement.

Unfair Labor Practice Found: Respondent Violated its Duty to Bargain by Refusing to Honor Charging Party’s Request for Information Necessary and Relevant to Its Statutory Obligation to Police the Parties’ Collective Bargaining Agreement.  Commission Relief Appropriate on a Moot Issue Where the Issue is of Public Significance and Likely to Re-Occur.

Police Officers Labor Council
-and- Teamsters Local 214

Unfair Labor Practice not Found:  Summary Dismissal Appropriate; Evidentiary Hearing Not Warranted Where No Material Factual Dispute Exists;  Unit Placement Proper Due to Sufficient Community of Interest between the Respondent and the Disputed Positions; Where a Position Shares a Community of Interest with More Than One Bargaining Unit and Both Units Claim the Position, MERC Does Not Interfere With the Employer’s Placement Absent a Showing that a Community of Interest No Longer Exists Between the Disputed Position and the Current Bargaining Unit; Respondent Reasonably Relied on Employer’s Representations as to the Training and Duties of the New Position When Agreeing to Represent the Positions

Unfair Labor Practices Found- Respondent Interfered With, Restrained, and Coerced Employees Engaging in Protected Concerted Activity; Employer’s Actions, including Departing from its Established Practice of Giving Employees Notice Regarding Staffing Decisions Would Give Employees Reasonable Cause to Believe That Engaging in Protected Concerted Activity Would Jeopardize Their Employment; After Union Was Elected As the Employees' Representative, Employer's Announcement of Its Intention to Hire Any New Employees As Contract Employees, Who Would Be Excluded from the Bargaining Unit, Would Give Employees Reasonable Cause to Believe That Engaging in Union Activity Was Futile. Employer Violated Duty to Bargain; Employer had Duty to Maintain Status Quo While Parties were Bargaining First Contract; Employer's Power to Implement Unilateral Changes In Terms and Conditions of Employment of At-Will Employees Does Not Continue after Employees Have Union Representation.

Government Administrators Assoc. -and- Donna M. Seely

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 7/25/12