October 2014

Wayne County Airport Authority -and- AFSCME Council 25, Local 953

No Unfair Labor Practice Found: Charging Party Failed to Present Issues of Material Fact; Charging Party Failed to State Claim Upon Which Relief Can Be Granted Under PERA; Alleged Breach of Contract Only Constitutes Violation of PERA if Repudiation Can Be Demonstrated; Respondent Did Not Repudiate Contract By Failing or Refusing to Pay Safety Bonuses.

Failure to State Claim; Summary Disposition; Contract Repudiation

United Steel Workers, Local 5157 -and- Melanie Szelogowski

No Unfair Labor Practice Found: Failure to Allege Sufficient Facts to Demonstrate that Respondent Acted Arbitrarily, Discriminatory or in Bad Faith By Requesting a Meeting with Charging Party's Supervisor; Failure to State Claim Upon Which Relief Can Be Granted; Charging Party's Failure to Respond to Show Cause Order Warrants Dismissal of Charge.

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

Commission Granted In Part and Denied in Part Respondent's Motion for Reconsideration; the Commission Granted Respondent's Request to Not Publish the Appendices to the ALJ's Decision, but Denied Respondent's Request that ALJ's Decision Not be Published; Commission Practice is to Publish ALJ Decisions When Allowing Charge to be Withdrawn Unless Both Parties Agree that Decision Should Not be Published; Publication of ALJ's Decisions is Important to Commission's Mission to Educate the Public and Encourages Earlier Settlements; Commission Agreed Appendices Did Not Benefit Public and Need Not Be Published.

Pontiac School District -and- Pontiac Education Association

Unfair Labor Practice Found: Employer Did Not Violate its Duty to Bargain With the Union Because it's Precluded From Bargaining Over Prohibited Topics under § 15(3) of PERA; The Union Violated its Duty to Bargain in Good Faith by Attempting to Use the Arbitration Process to Enforce Teacher Placement Provisions of the Parties' Expired Contract which are now Prohibited Subjects of Bargaining; Commission Not Authorized to Grant Attorney Fees.

AFSCME Council 25, Local 1583-and-James Yunkman, Glen Ford and Fred Zelanka

No Unfair Labor Practice Found: Respondent Did Not Violate Duty of Fair Representation by Refusing to Allow Non-Member Charging Parties to Vote in Contract Ratification Election; Respondent's Prior Expulsion of Charging Parties From Union was Previously Litigated and Found to be Lawful; Collateral Estoppel Prohibited Re-ligation of Expulsion; Charging Parties Failed to State a Claim Upon Which Relief Can Be Granted under PERA.

Watersmeet Township School District -and- Watersmeet Educational Support Personnel Association, MEA/NEA

Unfair Labor Practice not Found-Employer did not Violate § 10(1)(e) When it Unilaterally Imposed Increased Health Care Deductions on its Members Prior to the Expiration of the Collective Bargaining Agreement; the Timing of Deductions is not Considered a Mandatory Subject of Bargaining; Employer's Determination of the Appropriate Date on Which to Begin Implementation of PA 152's Requirements was Reasonable and a Good Faith Attempt to Meet PA 152's Mandates; Employer did not Engage in Direct Dealing with Employees Regarding Deductions; Employer may Communicate with its Employees for the Purpose of Providing Information Relating to Planned or Actual Changes in Operations or Procedures.

Duty to Bargain; 2011 PA 152; Mandatory Subjects of Bargaining; Direct Dealing

Ann Arbor Public Schools -and- Ann Arbor Education Association -and- Karen Sanderson

No Unfair Labor Practice Found: Failure to State Claim Upon Which Relief Can Be Granted under PERA; Failure to Present Disputed Facts Demonstrating Need For Evidentiary Hearing; Failure to File Timely Charge.

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

This page last updated 1/9/2015