January 2014

Police Officers Association of Michigan
-and-Susan French

Unfair Labor Practice Not Found; Duty of Fair Representation; Charge Not Timely Filed; Charging Party Failed to State a Claim Upon Which Relief can be Granted; Charging Party Failed to Alleged Facts Indicating Arbitrary, Discriminatory or Bad Faith Conduct by the Union; Simple Negligence in Insufficient to Support a Claim of Breach of the Duty of Fair Representation; Charging Party May Not Raise New Issues in Exceptions That Were Not Raised Before the ALJ.

Hazel Park Harness Raceway -and- David Bell

Unfair Labor Practice Not Found - Charging Party Failed to Allege Facts Sufficient to Support a Prima Facie Case of Discrimination; Charging Party Failed to Allege Facts that would Establish Anti-Union Animus; Suspicious Timing and Unattributed Statements Allegedly Conveyed to Charging Party are Insufficient to Establish Anti-Union Animus; Mere Speculation and Conjecture are Insufficient to Show Discriminatory Motive.

Police Officers Association of Michigan/Wayne County Deputy Sheriffs’ Association -and- Gary McDougal

Unfair Labor Practice Not Found - Charging Party Failed to Establish that Union Violated its Duty of Fair Representation; Union Did Not Act in a Discriminatory or Arbitrary Fashion in Denying Charging Party's Transfer Request - Charging Party Failed to Show that Personal Animosity Toward Charging Party and Charging Party's Status in the Union Were Reasons for Denial; Instead, Evidence Shows the Union Acted Under a Reasonable Interpretation of the Collective Bargaining Agreement that Limited Transfers to Once Per Calendar Year.

Professional Management Association 
-and- Debra Pelton

Unfair Labor Practice Not Found: Charge was Untimely and Failed to State a Claim under PERA; Failure of a Party to Respond to an Order to Show Cause Alone May Merit Dismissal of a Claim; Allegations Were Premised on Acts or Omissions by Union more than Six Months Prior to Filing the Charge

Decatur Public Schools
-and-Van Buren County Education Association-and-Decatur Educational Support Personnel Association

Unfair Labor Practice not found-Employer did not violate § 10(1)(a) or (e) or §15b when it imposed “Hard Caps” on the amount it would pay for Health Insurance upon expiration of Collective Bargaining Agreements; Employer's Duty to Bargain under PERA is conditioned upon there being a demand for bargaining by the Union; Where there is no demand to bargain, there is no duty to bargain; Even if a demand for bargaining is made, Public Employer’s choice between the Hard Caps and the 80% Employer share under PA 152 is a policy decision to be made by the Public Employer and not a Mandatory Subject of Bargaining; Employer's decision not to delay implementation of the Hard Caps on Health Care costs was also a policy choice within its managerial prerogative and not a breach of its duty to bargain

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

This page last updated 1/9/2015