Macomb County, Macomb County Road Commission, & 16TH Judicial Circuit Court -and- AFSCME Council 25 And Its Affiliated Locals 411 and 893 -and- International Union, UAW And Its Locals 412 and 889 -and- Michigan Nurses Association,
Unfair Labor Practice Found -- Respondents Violated Duty to Bargain in Good Faith; Parties' Past Tacit Acceptance and Use of a Unisex Mortality Table to Calculate Optional Joint-and-Survivor Pension Benefits Constituted an Amendment to the Parties' Present Collective Bargaining Agreements; Switch to a Blended Mortality Table Was Not Required by an Amendment to the Retirement Ordinance; Respondents' Unilateral Adoption of a Blended Mortality Table That Reduced Monthly Payments to Retirees Violated the Duty to Bargain Because the Method for Calculating Pension Benefits Is a Mandatory Subject of Bargaining; Charging Parties' Did Not Waive Their Right To Bargain Over the Subject.
Supreme Court Decision: June 12, 2013, reversed the Court of Appeal decision and remanded to MERC for dismissal of the charging parties' unfair labor practice claims.
Court of Appeals order issued September 20, 2011 for publication, in split decision majority affirmed MERC's decision.
Court of Appeals order issued November 10, 2011 denied motion for reconsideration
Application for leave to appeal to Michigan Supreme Court filed December /22, 2011
Supreme Court Order issued May 9, 2012, granted application for leave to appeal
Supreme Court Order issued October 2, 2012, granted motion to file amicus brief by Michigan Municipal League, the Michigan Townships Association, the Michigan Association of Counties, and the State Bar Public Corporation Law Section.
Supreme Court Order issued December 7, 2012, Adjourned from January 2013 and placed case on March 2013 Session Calendar for argument and submission
decision issued June 12, 2013
|C07 D-083,C07 D-086, C07 D-087 & C07 E-115, decision issued January 25, 2010