September 2014

Wayne County -and- Michigan AFSCME Council 25 and Its Affiliated Local 25

Unfair Labor Practice Not Found: ALJ Erred by Finding That Respondent Violated its Duty to Bargain With Charging Party by Refusing to Supply an Unredacted Copy of a Color Photograph Related to an Employee's Discipline; Respondent was Justified in Attempting to Preserve Complainant's Privacy and the Confidentiality of Her Photo by Requesting that Charging Party Sign a Non-Dissemination Agreement; Respondent's Offer to Permit Release of the Redacted Photo After Receiving a Signed Non-Dissemination Agreement Satisfied Charging Party's Information Request; PERA Does Not Require Employer to Provide Physical Copies of Information to Satisfy its Duty to Bargain. Dissenting Commissioner: An Unredacted Color Copy of the Photograph Was Essential to the Charging Party's Processing of the Grievance and Should Have Been Provided by Respondent.

Macomb County -and- Michigan AFSCME Council 25, AFL-CIO, and Its Affiliated Local 411

Unfair Labor Practice Not Found: ALJ Erred by Finding Respondent Violated Duty to Bargain by Failing to Provide Written Interview Questions Used for Promotional Position; Interview Questions are Analogous to Test Questions, Which an Employer May Keep Confidential; Charging Party Failed to Show that It was Necessary for It to Have Copies of the Interview Questions to Carry Out Its Statutory Duties; Respondent Promptly Objected to the Request for Interview Questions from Charging Party; PERA Does not Require Employer To Provide Physical Copies of the Interview Questions; Respondent's Offer Permitting Charging Party to See Questions Without Providing Physical Copy Was Reasonable and Protected the Confidentiality of the Interview Questions.

Kalamazoo School District -and- Michigan Education Association -and- Susan Turner

No Unfair Labor Practice Found: Failure to Allege Facts Indicating Arbitrary, Discriminatory or Bad Faith Conduct by the Union; Failure to State Claim Upon Which Relief Can Be Granted; Commission Lacks Jurisdiction Over Discrimination Claims; Failure to Respond to Show Cause Order Warrants Dismissal of Charge.

Walled Lake Consolidated School District -and- Walled Lake Transportation Association

No Unfair Labor Practice Found: Respondent Did Not Violate Duty to Bargain By Subcontracting its Student Transportation Services; Respondent Permitted to Sub-Contract Non-Instructional Support Services Under § 15(3)(f) Provided Charging Party is Given Equal Opportunity to Provide Bid; Charging Party's “Bid” Was Merely a Proposal to Negotiate a Successor Collective Bargaining Agreement and Failed to Comply with the Requirements Outlined in Respondent’s Request for Proposal; Respondent’s Decision to Subcontract Transportation Services Constituted a Prohibited Subject of Bargaining; Charging Party Failed to State Factually Supported Claim Establishing Respondent Acted with Anti-Union Animus

Michigan State University-and-Capitol City Lodge #141, Fraternal Order of Police

No Unfair Labor Practice Found- Employer Did Not Violate § 10(1)(e) By Ceasing to Pay Step Increases After Contract Expiration; Employer and Union Were Also Party to an Unexpired MOU, But MOU Did Not Govern Step Rates or Make 2011 PA 54 Inapplicable.

Calhoun Intermediate Education Association, MEA/NEA -and- Calhoun Intermediate School District

Unfair Labor Practice Found: Union Violated its Duty to Bargain in Good Faith by Repeatedly Proposing that Prohibited Subjects Be Included in the Successor Collective Bargaining Agreement after the Employer Refused to Bargain over Prohibited Subjects; Although the Parties Continued to Make Some Progress on Certain Mandatory Subjects, Respondent's Insistence on Including Prohibited Subjects in the Contract Obstructed and Impeded the Bargaining Process and thereby Violated the Duty to Bargain in Good Faith.

Keego Harbor -and- Police Officers Labor Council

Unfair Labor Practice Found: Employer Violated §10(1)(a) and (c) of PERA When it  Threatened, Suspended for Thirty Days, Laid Off Indefinitely, and Terminated Union Member Police Officer in Retaliation for Protected Concerted Activity and for Filing Unfair Labor Practice Charge with MERC; Employer Violated §10(1)(e) By Failing to Timely Provide Information to Charging Party Upon Request; Employer Violated § 10(1)(c) By Placing Restrictions on Police Officer's Off-Duty Practice of Law Three Weeks After Officer Filed Unfair Labor Practice Charge; Employer Did Not Violate §10(1)(c) of PERA By Issuing a Five-Day Suspension Before Police Officer Engaged in Protected Concerted Activity, and Did Not Violate PERA When it's City Council Enacted an Ordinance Prohibiting All Police Officers From the Off-Duty Practice of Law.

AFSCME Council 25 -and- Neil Sweat

No Unfair Labor Practice Found: Charging Party Failed to Demonstrate that Respondent's Decision to Not Advance Grievance to Arbitration was Discriminatory, in Bad Faith, or Arbitrary; Failure to State Claim Upon Which Relief Can Be Granted Under PERA; Failure to Timely File Unfair Labor Practice Charge

Duty of Fair Representation; Failure to State Claim; Statue of Limitations

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

This page last updated 1/9/2015