MERC Decisions Pending Before the Michigan Court of Appeals

Superior Township Fire Fighters Union, Local 3292, International Association of Fire Fighters
-and-Lee Rudowski

Unfair Labor Practice Not Found: Charging Party Failed to Establish That the Union Breached its Duty of Fair Representation by Failing to Advance His Grievance Challenging His Termination to Arbitration; Charging Party's Disagreement with the Union's Decision to Not Arbitrate His Grievance is Insufficient to Establish a Breach of Duty of Fair Representation.

21-I-1764-CU, issued 3/17/2023

Detroit Public Schools Community District -and-LC Bulger

Unfair Labor Practice Not Found: Commission Remanded to ALJ for Supplemental Findings on Section 10(1)(a) Retaliation Claim Raised in Initial Charge; Following Remand the ALJ Concluded That There was No Basis to Support a Section 10(1)(a) Claim and Recommended Dismissal; Commission Found Charging Party was Terminated For Failing to Report to Work, Not for any Protected Concerted Activity That He Was Engaged In; A Withholding of Services Constitutes a Strick Under Section 2 of PERA, and While Concerted, Strikes Are Not Protected; Charging Party Failed to Provide Sufficient Evidence to Overturn the ALJ's Credibility Determinations.