June 2014

University of Michigan -and- Graduate Employees Organization, AFT MI, AFT, AFL-CIO
 

Petition for Representation Election Dismissed on Reconsideration - Graduate Student Research Assistants (GSRAs) at the University of Michigan are not Public Employees Under PERA §1(e); Even Though the Work of the GSRAs Benefits the University, Their Work Is Designed to Assist Them in Completing Their Dissertation and Achieving Their Personal Academic Goals; The Benefit to the University of the GSRAs' Research Work Cannot Be Effectively Separated from the Role of This Work in the Attainment of Their Academic Goals; The GSRAs Are Students, Not Employees.

Representation, Public Employee Status, Students, Motion for Reconsideration  

Wayne County-and-Michigan AFSCME Council 25, AFL-CIO

Unfair Labor Practice Found: Respondent violated its duty to bargain in good faith by unilaterally altering the workweek, work-year, and salaries of employees; by the manner of implementation of “Holiday layoffs”; by unilaterally cutting off health care coverage; by unilaterally imposing a 20% pay cut; by unilaterally eliminating contractual protections related to subcontracting of unit work in December 2010; and by making bargaining demands which were not designed to seek a negotiated settlement. Changes made by Respondent to terms and conditions of employment, subsequent to expiration of collective bargaining agreement, did not involve a bona fide dispute over the interpretation of agreement and were made while the parties were engaged in fact-finding or while engaged in negotiations for a successor agreement, subsequent to fact-finding but prior to impasse. Respondent violated §10(1)(a) by retaliating against AFSCME members in the imposition of the “Holiday furloughs” and related health insurance cutoffs, and by the manner of implementation of the 20% pay cut, where Respondent’s actions were intended to punish employees for exercising rights under §9. Respondent violated §10(1)(d) when it declared an impasse in December 2010 in retaliation for the Union’s pursuit of remedies before the Commission. Employer not entitled to declare impasse based on Union’s unwillingness to yield on unfair labor practice charges because a party can only lawfully insist to the point of impasse on topics that are mandatory subjects of bargaining.

Withdrawal of Charge; Duty to Bargain

Macomb County Juvenile Justice Center -and- Christina S. Peltier

Unfair Labor Practice Not Found: Respondent did not Violate PERA by Terminating Charging Party Due to Her Excessive and Unexcused Absenteeism; Federal Judge's Finding that Respondent had Legitimate, Non-Discriminatory Reasons for Reprimanding and Terminating Charging Party Essential Findings; Commission Bound by Factual and Legal Findings Made by Federal Judge Due to Doctrine of Collateral Estoppel; Charging Party Failed to Set Forth Facts to Establish Anti-Union Animus.

AFSCME Council 25 and Local 1250
-and-Michael T. Lonchar
 

Unfair Labor Practice Not Found; Duty of Fair Representation; Charging Party Failed to State a Claim Upon Which Relief can be Granted; Charging Party Failed to Allege Facts Indicating Arbitrary, Discriminatory or Bad Faith Conduct by the Union; Union Has Considerable Discretion to Decide How or Whether to Proceed with a Grievance.

Duty of Fair Representation; Failure to Respond to Motion to Dismiss; Failure to State a Claim; Union Discretion

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

This page last updated 1/9/2015