December 2013

City of Roosevelt Park
–and–Teamsters Local 406

Unfair Labor Practice Not Found; Respondent did not Violate its Duty to Bargain by Refusing to Comply with Tentative Agreement with Charging Party;  Provision on Wage and Health Insurance Terms Subject to Contract Reopener Expired on Reopener Deadline.  Ratification by the City Council, was a Condition Precedent to the Formation of a New Contract on Wage and Health Insurance terms; Employer was not bound by Tentative Agreement in the Absence of City Council ratification.  Employer Announcement that Parties had Reached Impasse and that It Would Impose Last Offer, including Hard Caps for Insurance, Did Not Violate Duty to Bargain; At Time of Hearing Respondent had not Implemented any Changes to Conditions of Employment and had not Refused to meet or Bargain with Charging Party. 

Kalamazoo Public School District
–and– Kalamazoo County Education Association, MEA/NEA

Unit Clarification Granted:  When newly created positions share a community of interest with a unit which seeks to include them, it is appropriate to accrete them to that unit rather than permit them to remain with a residual group of excluded employees.  Although there are differences between the full-time District Data Specialist position and the positions in Petitioner’s office and paraprofessional support unit, the duties, skills, and educational requirements of the position are sufficiently similar to establish a community of interest with Petitioner’s unit.  Inclusion of the newly created position in the unit is therefore appropriate.

Grandvue Medical Care Facility
-and- Janet Renkiewicz and Tamara Wood

No Unfair Labor Practice Found: Employer did not violate § 10(1)(a) or (c) when it discharged Charging Parties; Charging Parties failed to present evidence establishing that Employer discriminated against either of them for engaging in protected concerted activity; “No Discussion Order” issued by Employer was crafted narrowly both in scope and in time and did not restrain or interfere with protected concerted activity.

Concerted Activity; Discrimination; Interference; § 10(1)(a); Burden of Proof.

Washtenaw Community College Education Association
-and- McGuire, Belinda G.

No Unfair Labor Practice Found: To Prevail on a Duty of Fair Representation Claim Premised on Union’s Failure to Pursue Grievance, Charging Party Must Allege both Breach of the Duty of Fair Representation and an Underlying Breach of the Collective Bargaining Agreement by the Employer; Charging Party Failed to Allege Facts that would Establish Union’s Conduct was Arbitrary, Capricious or Characterized by Bad Faith; Charging Party did not Give Union an Opportunity to Take any Action on her Behalf Within the Six-Month Statute of Limitations

Duty of Fair Representation; Statute of Limitations; Failure to State a Claim; Summary Disposition

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

This page last updated 10/31/14