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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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Third Judicial Circuit Court -and- Michigan AFSCME Council 25 and Its Affiliated Local 1659 -and- Revoydia Miller
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No Unfair Labor Practice Found: Failure to Allege that Respondent Union Acted in Bad Faith, Arbitrarily, or With Discriminatory Intent; Employer's Refusal to Permit Charging Party's Return to Work with Medical Restrictions Not Related to her Protected Concerted Activity; Charging Party's Failure to Respond to Show Cause Order Warrants Dismissal of Charge; Commission Lacks Jurisdiction over Disability Discrimination Claims. |
7/31/14 (20 Day Order) |
C14 B-022 & CU14 B-006 |
Duty of Fair Representation; Failure to State Claim; Summary Disposition; Failure to Respond to Show Cause Order; Commission Jurisdiction |
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AFSCME Council 25 -and- Christopher Harrison
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Unfair Labor Practice Not Found: Charging Party Failed to State Claim Upon Which Relief Can Be Granted Under PERA; Failure to Present Issues of Material Fact; Failure to Timely File Unfair Labor Practice Charge; Failure to Respond to Show Cause Order Warrants Dismissal of Charge. |
7/29/14 (20 Day Order) |
CU14 C-016 |
Failure to State Claim; Summary Disposition; Statue of Limitations; Failure to Respond to Show Cause Order |
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36th District Court and AFSCME Council 25
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Unfair Labor Practice Charge Withdrawn-Parties Reached a Settlement and Agreed to Withdrawal of Charge ALJ Found Unfair Labor Practice: under Doctrine of Collateral Estoppel, MERC Is Bound by the Court of Appeals' Ruling That Respondent Had Not Taken the Steps Required to Terminate the Contract Prior to June 30, 2006; Respondent Unlawfully Repudiated the Parties' Collective Bargaining Agreement by Refusing to Deduct Union Dues and Fees from Bargaining Unit Members Pay Prior to Contract Termination and by Refusing to Arbitrate Grievances That Arose Prior to Termination of the Contract. Respondent to Reimburse Charging Party for the Dues and Fees Charging Party Failed To Collect from Unit Employees Who Executed Valid Checkoff Authorizations, Plus Interest; Respondent Breached Its Duty to Bargain by Abandoning the Just Cause Standard When Making Disciplinary Decisions; Respondent Admitted To Failing To Use Just Cause Standard: The Just Cause Standard Is a Mandatory Subject of Bargaining. Respondent is Required to Continue to Apply the Just Cause Standard for Discipline throughout the Term of the Contract and After Contract Expiration until a New Agreement or Impasse is Reached. Respondent Ordered to Arbitrate Grievances over Discipline and Discharge Decisions during the Period the Contract Remained in Effect and to Reimburse Charging Party for the Cost of Arbitrating All Disciplinary Grievances Charging Party Filed during That Period. |
7/11/14
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C08 H-170 & C10 F-155 | Refusal to Arbitrate Grievances; Duty to Bargain; Unilateral Change, Collateral Estoppel; Dues Deduction; Just Cause Standard |
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City of Flint (Police Department) -and- Police Officers Labor Council |
Unfair Labor Practice Found: Respondent/Employer Violated its Duty to Bargain with Charging Party by Ignoring or Rejecting Demand to Bargain Over the Impact or Effects of its Decision to Pass on Health Care Cost Increases to Unit Members Pursuant to PA 54; Statutory Construction and Legislative Intent Considered; While No Obligation to Bargain Decision, Duty to Bargain Impact or Effects; Charging Party Made Clear/Unequivocal Demand to Bargain; Respondent Failed to Establish Futility of Negotiations; Respondent Had Duty to Fully Investigate Relevant Tax Implications Instead of Rejecting Demand; Outright; Respondent Must Cease and Desist From Refusing to Bargain; Appropriate Make Whole Remedy is for Respondent to Pay Members Difference Between Cost Increases Imposed and Increases They Would Have Incurred If Permitted to Change to Least Expensive Health Plan. |
7/9/14 (20 Day Order)
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C11 K-188 | Duty to Bargain; 2011 PA 54; Impact v. Effects; Futility; Tax Implications |
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Michigan State Government This page last updated 1/9/2015 |
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