May 2013

Unfair Labor Practice Not Found – Charge Dismissed on Summary Disposition;  Charging Party Failed to Allege Facts That, If True, Would Establish That Union Acted Arbitrarily, Discriminatorily or in Bath Faith; Charging Party was not Prejudiced by Union’s Lack of Communication, Which by Itself Is Insufficient to Establish Breach of Duty of Fair Representation; Nor Did She Establish Prejudice by any Delay in Grievance Processing; Facts Alleged in Amended Charge Occurred More Than Six Months Before Original Charge was Filed and, Therefore, are Barred by the Statute of Limitations

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

Unfair Labor Practice Not Found – Respondent had No Duty to Bargain over Prohibited Subject of Bargaining; Respondent’s Decision to use Outside Contractor to Perform Secretarial Services Formerly Performed by Bargaining Unit Employees was a Prohibited Subject of Bargaining Under § 15(3)(f) as Work Contracted Out Constituted Noninstructional Support Services. Services Not Provided by Teaching Professionals May be Instructional Services Where Instructing Students is a Substantial Part of Employee’s Duties. In this Case, Secretaries’ Duties Are Largely Administrative and Clerical; Term Non-Instructional Describes the Kind of Support Services Provided – Not the Kind of Professional Assisted by Support Staff.

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

This page last updated 6/17/13