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Name
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Subject Matter
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Date Issued
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Case Number
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Topic(s)
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| Tuscola County Medical Care Facility -and- Michigan AFSCME Council 25, Unit B, Local 2641 -and- Wanda Smith |
Unfair Labor Practice Not Found – Exceptions Disregarded Where Charging Party Did Not Provide Statement Attesting to Timely Service on Respondent; ALJ’s Recommended Order Dismissing Charges Against Both Parties Adopted; Charging Party Failed to Allege Facts Sufficient to Show that She Engaged in Union Activities for Which She was Subject to Discrimination or Retaliation by Employer; Allegations Were Insufficient to Establish that Union Breached Duty of Fair Representation by Acting Arbitrarily, Discriminatorily, or in Bad Faith When it Declined to Pursue Grievance to Arbitration. |
6/27/13
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C12 J-191 & CU12 J-046 |
Failure to File Statement of Service; Duty of Fair Representation; Failure to State a Claim |
| City of Detroit -and- Michigan AFSCME Council 25 and its affiliated Local 542 |
Unfair Labor Practice Not Found: Charging Party Failed to State Claim; Facts Alleged by Charging Party Did Not Indicate that Respondent Repudiated the Parties’ Collective Bargaining Agreement; Repudiation Exists when the Contract Breach is Substantial, has a Significant Impact on the Bargaining Unit, and There is no Bona Fide Dispute Over Contract Interpretation. Absent Facts that Respondent Repudiated Collective Bargaining Agreement, an Unfair Labor Practice Proceeding is not Proper Forum. No Refusal to Provide Information Where Request was Ambiguous and Charging Party Could Have Sent Clarifying Letter. |
6/26/13
(20 Day Order) |
C13 C-047 & CU13 C-008 | Summary Disposition; Duty of Fair Representation; Failure to State a Claim; Superseniority Clause; Discrimination; Anti-Union Animus |
| American Association of University Professors (AAUP) -and- Daniel Lorence |
Unfair Labor Practice Not Found- Failure to Respond to Show Cause Order May Warrant Dismissal; Allegation that Labor Organization Refused to Provide Accommodation under ADA Fails to State PERA Claim; Failure to Comply with Minimum Pleading Requirements. Events Complained of Are Time-Barred. |
6/26/13
(20 Day Order) |
CU13 C-010 | Failure to State a Claim; Failure to Respond to a Show Cause Order; Statute of Limitations; Duty of Fair Representation; Minimum Pleading Requirements. |
| Macomb County(Juvenile Justice Center) -and- UAW Local 889 |
Unfair Labor Practice Not Found - No Cases Cited to Support Premise that Union Loses Standing to Pursue Charges Pending When Replaced as Bargaining Representative; Question is whether Charge has become Moot; Here, Neither Significance of Issues Nor Assertion that Dismissal Might Encourage Ignoring Duty to Bargain Warrants Determination That Charge Should Proceed; Positions/Assignments No Longer Exist; Bargaining Order Over Impact is Pointless and Wouldn’t Justify Expense or Effort of Litigating Allegations More than 5 years After Occurrence. Motion Granted and Charges Dismissed as Moot. |
6/21/13
(20 Day Order) |
C07 F-119; C07 F-121, C07 F-123, C07 F-125 & C07 F-131 | Duty to Bargain; Unilateral Change; Information Request; Change in Bargaining Representative; Mootness |
| City of Detroit -and- Police Officers Association of Michigan (Emergency Medical Technical Unit), Detroit Police Command Officers Association, and Detroit Police Lieutenants and Sergeants Association |
Employer’s Motion to Dismiss Act 312 Arbitration Proceedings Granted; Commission has Power to Determine Act 312 Coverage and Impact of PA 436 on Act 312 Arbitrator’s Authority in Pending Arbitration; Commission has no Jurisdiction to Resolve Constitutionality of Legislative Enactments; PA 436 not Intended to Impose Act 312 Restrictions on an Emergency Manager; PA 436 Suspended Duty of an Employer in Receivership to Bargain and Act 312 Arbitration Depends on Duty to Bargain; Employer in Receivership Under PA 436 has no Obligation to Participate in Act 312 Arbitration. |
6/14/13
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D09 F-0703, D11 J-1169 & D13 A-0005 | Act 312 Eligibility; Commission Jurisdiction; Duty to Bargain; 2012 PA 436; Mandatory Subjects of Bargaining |
| City of Detroit -and- Michigan AFSCME Council 25 and its affiliated Local 542, 229, 2920 & 2394 |
Unfair Labor Practice Not Found: Charge Alleging that Employer violated PERA by Unilaterally Changing Job Classifications Barred by Six Month Statute of Limitations and Summarily Dismissed; Commission Has Specifically Rejected Theory that Unilateral Change Constitutes Continuing Violation; Statute of Limitations Begins to Run From Date Employer Announces Decision not Implementation Date or Date of Subsequent Refusal to Bargain. |
6/13/13
(20 Day Order) |
C12 K-224 | Statute of Limitations, Continuing Violation |
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Michigan State Government This page last updated 8/20/13 |
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