May 2014

Unfair Labor Practice Not Found: Employer Did Not Violate § 10(1)(a) or (e) when It Repudiated a Grievance Settlement Agreement; Employer Has No Duty to Bargain over Decisions about Teacher Placement as such Decisions are Prohibited Subjects of Bargaining under §15(3)(j) Of PERA; Decisions Regarding Whether to Place Specific Individuals into Vacant Positions are Decisions about Teacher Placement.

Duty to Bargain; 2011 PA 103; Prohibited Subjects of Bargaining; §15(3)(j); Repudiation

Pontiac School District-and-Pontiac Education Association

Unfair Labor Practice Not Found: Employer did not repudiate agreement or unilaterally change terms of employment when it promulgated a new layoff and recall policy for teachers, issued layoff notices to teachers based on teacher performance and involuntarily transferred displaced teachers; Employer had no duty to bargain over procedures relating to the lay off or recall of teachers under § 15(3)(k); Employer had no duty to adhere to past practices or bargain about practices regarding decisions about teacher placement under § 15(3)(j).

Unfair Labor Practice Not Found: Charging Party Failed to State a Claim Upon Which Relief can be Granted; Charge Involves Good Faith Dispute over Contract Interpretation and Should Have Been Pursued under Contractual Grievance Procedure; Commission Lacks Jurisdiction over Bona Fide Disputes Regarding Contract Interpretation.

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

This page last updated 1/9/2015