August 2014

City of Allen Park -and- City of Allen Park International Association of Fire Fighters, Local 1410

Unfair Labor Practice Charge Withdrawn-Parties Reached a Settlement and Agreed to Withdrawal of Charge.

ALJ Found No Unfair Labor Practice Committed by Union: By Mutual Consent, Parties May Agree to Modify Their Collective Bargaining Contract; Parties May Include a Reopener Provision in Their Contract and Agree to Reopen the Subject for Bargaining Before the Contract Expires; Union Did Not Promise to Agree to Employer's Request for Concessions; Union Had No Duty to Bargain Over Employer's Demand That it Agree to Modify the Collective Bargaining Agreement During the Term of the Contract.

ALJ Found Unfair Labor Practice Committed by Employer: Employer Violated §10(1)(a) and §10(1)(e) of PERA by Repudiating the Parties' Collective Bargaining Agreement and Memo of Understanding; A Breach of the Duty to Bargain Occurs When a Party's Actions Constitute a Repudiation of the Collective Bargaining Agreement Manifesting a Disregard for the Party's Contractual Obligations; Economic Exigency Does Not Justify a Public Employer's Unilateral Repudiation of its Obligations under the Collective Bargaining Agreement; Employer Violated its Duty to Bargain in Good Faith by Repudiating its Contractual Obligation to Pay Wage Increases and Raises During the Term of the Contract; Employer Violated Duty to Bargain by Failing to Maintain Minimum Manning Requirements of the Collective Bargaining Agreement as the Minimum Manning Requirements were part of the Quid Pro Quo for the Agreement; Employer Must Cease and Desist From Repudiating or Unilaterally Modifying the Collective Bargaining Agreement; Appropriate Make Whole Remedy is for Employer to Pay Members Any Loss of Pay Incurred Plus Interest at the Rate of Five Percent.

Withdrawal of Charge; Duty to Bargain; Unilateral Change; Repudiation; Minimum Manning

Shelby Township -and- Command Officers Association of Michigan

Unfair Labor Practice Found - Respondent had a duty to bargain with Charging Party over the calculation method and the total amount of the employees' health care contribution; Respondent violated its duty to bargain with Charging Party by unilaterally requiring employees' to pay a larger share of health insurance costs than required by § 4 of Act 152; Respondent breached its duty to bargain by unilaterally requiring employees to pay health care costs based on a rate that included health care costs for both employees and retirees. The calculation of the employee share of health care costs under Act 152 cannot lawfully include retiree health care costs. Pursuant to Act 54 Respondent was authorized to increase employees' share of health care costs by the amount of the increase in the cost of the employees' benefits. Respondent breached its duty to bargain by passing on the increase in a rate based on health care costs for employees and retirees.

Michigan AFSCME Council 25 -and- Arlan Jackson

No Unfair Labor Practice Found; Failure to Process Grievance to Arbitration Does Not Constitute Violation of Duty of Fair Representation; Credibility Determinations of ALJ Will Not Be Overturned Absent Clear Evidence to the Contrary.

Wayne State University -and- Barbara A. Richardson

No Unfair Labor Practice Found: Respondent/Employer did not discriminate or retaliate against Charging Party when it issued her a “Less than Satisfactory” performance evaluation approximately eight months after a supervisor allegedly threatened her in a meeting; performance evaluation was not negative and did not constitute adverse employment action because Charging Party was not discharged, demoted, reduced in pay or benefits or had duties materially changed; there was no temporal proximity between the alleged threat and the evaluation; the alleged threat was ambiguous and benign; Respondent’s concerns about Charging Party’s use of contractual union release time were legitimate.

Macomb County (Juvenile Justice Center) -and- Christina Peltier

Commission Denied Charging Party's Motion for Reconsideration: Charging Party Only Restated Previously Raised Arguments That Were Already Found to be Without Merit.

Pontiac School District -and- Kerry Tolbert

No Unfair Labor Practice Found: Failure to State Claim Upon Which Relief Can Be Granted; Failure to Allege Clear Statement of Facts in Support of Charge; Commission Lacks Jurisdiction Over Due Process Claims; Charging Party's Failure to Respond to Show Cause Order Warrants Dismissal of Charge.

Lansing Schools Education Association -and- Mary P. Davenport

No Unfair Labor Practice Found: Failure to Allege Union Acted Arbitrarily, Discriminatorily, or in Bad Faith; Failure to Present Issues of Material Fact; Failure to State Claim Upon Which Relief Can Be Granted.

Duty of Fair Representation; Summary Disposition; Failure to State Claim

Pontiac School District -and- Pontiac Education Association

Non-Compliance with Commission Order Found-Respondent Ordered to Make Affected Employees Whole Based on Interim Earning Calculations Submitted by Charging Party, Plus Interest From Date of Commission Decision; Respondent Failed to File a Timely Answer to Charging Party's Request for Compliance; Charging Party Provided Respondent with Written Calculations and Supporting Documentation of the Back Pay Amount Owed to Unlawfully Laid Off Employees; Respondent Failed to Set Forth Any Factually Supported Allegation to Raise a Dispute as to Accuracy of Charging Party's Back Pay Calculations; Burden is on Respondent to Prove Facts Mitigating Loss to Employees.

Compliance; Timeliness; Interest; Back Pay

Utica Community Schools -and- Utica Education Association -and- Lawanda Parker

No Unfair Labor Practice Found; Failure to State Claim Upon Which Relief Can Be Granted; Failure to Allege Facts Indicating Arbitrary, Discriminatory or Bad Faith Conduct by the Union; Failure to Prove Employer Violated Collective Bargaining Agreement by Assembling Grade Change Panel; Failure to Present Disputed Facts Demonstrating Need For Evidentiary Hearing.

Duty of Fair Representation; Failure to State Claim; Summary Disposition

UAW Local 2290 -and- Thomas Lockhart

No Unfair Labor Practice Found:  Respondent Did Not Violate Duty of Fair Representation When it did Not Pursue Grievance; Charging Party Failed to Allege that Respondent Acted in Bad Faith, Arbitrarily, or with Discriminatory Intent; The Parties' Collective Bargaining Agreement Did Not Contain Provision In Non-Discrimination Clause Regarding Reasonable Accommodation.

Failure to State Claim; Duty of Fair Representation; Reasonable Accommodation

Detroit Housing Commission -and- Neil Sweat

No Unfair Labor Practice Found:  Charging Party Failed to File Timely Charge Pursuant to; 16(a) of PERA;  Charging Party Failed to Allege Facts Which Support a Finding that he Engaged in Union Activities for which he was Subjected to Either Discrimination or Retaliation; Commission Lacks Jurisdiction over Wrongful Termination, Age and Disability Discrimination Claims. 

Statute of Limitations; Failure to State Claim; Commission Jurisdiction

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

This page last updated 10/9/14