NAME

MERC CASE #

COURT of APPEALS#

Unfair Labor Practice Found-Refusal to Bargain Over a Mandatory Subject; Subcontracting Bargaining Unit Work is Generally a Mandatory Subject of Bargaining; PERA Section 15(3)(f) Provides Statutory Exception to General Rule for Public School Employers Subcontracting Noninstructional Support Services; Party Attempting to Utilize Affirmative Defense Bears the Burden of Proof; Waiver of Bargaining Rights must be Clear; Waiver not Inferred; Return to the Status Quo Ante Appropriate to Provide Adequate Relief.

Unfair Labor Practice Found - Employer Unlawfully Repudiated Grievance Settlement Agreement; Union was Obligated to Accept Apparent Authority of Employer's Representatives in Grievance Settlement; where Employer Never Advised Union that Board Ratification was Necessary.  Settlement Agreement Signed by Employer's Authorized Agents Satisfies the Statute of Frauds and is Binding on Employer.

Unfair Labor Practice Found: Employer Repudiated its Contractual Obligation to Charging Party by Failing to Make Annual Service Adjustment Payments to Bargaining Unit Members as Outlined in the Clear and Explicit Language of the Memoranda of Agreement between the Parties; Commission Lacks Authority to Cancel a Party's Obligation Under an Agreement Merely Because It Becomes Onerous. Successor Contract Language Bars ASA Payments to Charging Party's Supervisory Unit during Contract Term.

Unfair Labor Practice Found - Unilateral Change in Working Conditions During Pendency of Fact Finding; Employer Violated Duty to Bargain by Unilaterally Imposing a Reduction in Workweek; Unilateral Reduction in Workweek not within the Managerial Prerogative; No Bona Fide Dispute over Interpretation of Expired Contract given the Clear Definition of Layoff and Workweek; Employer Admitted All Material Facts Supporting the ALJ's Recommended Decision; Evidentiary Hearing not Warranted as no Dispute of Material Fact Existed. Employer Waived its Right to Oral Argument by Failing to Affirmatively Request it.  Charge of ALJ Bias Without Merit.  Further Exceptions not Considered as the Issues were Not Raised before ALJ.

Unfair Labor Practice not Found - Public School Employer Subcontracting Noninstructional Support Services; No Duty to Bargain over Bidding Procedure If Union Representing Bargaining Unit Currently Providing such Services is Permitted to Bid on Equal Basis with other Bidders; Bidding Requirements and Procedures Need Not Be Tailored to Meet Characteristics of Labor Organizations; If Employer fails to Allow Union to Submit Bid on Equal Basis with Third Party Contractors, Statutory Prohibition Against Bargaining is Removed; Concessionary Proposal for a Collective Bargaining Agreement not a Bid; Failure to Submit Bid Waives Argument as to not Receiving Opportunity to Bid on Equal Basis.

Detroit Federation of Teachers -and- Durelle Williams

Unfair Labor Practice Not Found: Summary Dismissal Appropriate Where Charge Failed to State a Valid Claim Under PERA; Allegations Did Not Indicate that Respondent's Conduct Breached Its Duty of Fair Representation Owed to Charging Party;  Charge Failed to Contain Any Factually Based Allegations that the Union's Decision Not to Process Charging Party's Grievance was Arbitrary, Capricious, Prejudicial or Made in Bad Faith; Mere Disagreement with a Union's Decision or Efforts on a Grievance, Alone, Does Not Establish Sufficient Basis for a PERA Claim Against the Union.

CU11 E-015, decision issued November 15, 2011 

Recently Issued Decisions

Court of Appeals unpublished order issued November 1, 2011, vacated MERC's decision.

Direction of Election - Election Directed In Unit of All Friend of the Court Attorney Referees and Juvenile Court Attorney Referees; Commission Reversed Past Precedent Excluding Court Referees from Collective Bargaining Under PERA; Supreme Court Administrative Order Provides for Collective Bargaining Between the Court and Employee Unions; Administrative Order does Not Exclude Court Referees from PERA Protections; Referees Shall Vote on Whether They Wish to be Represented.

Unfair Labor Practice Not Found:  Charge Failed to State a Valid Claim Under PERA; Refusal to Bargain Not Found; Respondent Had no Duty to Bargain Over Contract Provisions Established by an Act 312 Arbitration Award; Commission Does Not Have Jurisdiction Over Review and/or Interpretation of Act 312 Arbitration Awards; Whether or When Respondent Needs to Hold an Open Enrollment Requires Interpretation of the Act 312 Arbitration Award Which is Outside the Jurisdiction of the Commission; Charge Failed to Allege any Facts Showing Repudiation of Award by Respondent.

City of Detroit (Dep't of Water & Sewerage) -and- AFSCME Council 25 -and- Donald LePaul Hooks

Court of Appeals unpublished order issued September 29, 2011, affirmed MERC's decision

Unfair Labor Practice Not Found--   Summary Dismissal of All Charges Appropriate Where No Material Issues Exist.  Allegations Barred by the Six Month Limitations Period and Failed to State Valid Claims Under PERA; Claims Did Not Indicate Any Employer Misconduct Motivated by Anti-Union Animus; Claim Did Not Indicate that the Union Acted Arbitrarily, Discriminatory or in Bad Faith in Denying Representation to Charging Party.

Reconsideration Denied: Charging Party Failed to Set Forth Adequate Grounds for Reconsideration; A Reconsideration Request that Merely Presents the Same Issues Already Ruled on by the Commission Will Be Denied as Required by Commission Rule 167.  Reopening Record Denied:  Motion Sought to Introduce Information Not Newly Discovered and Would Not Support Changing the Result Already Reached by the Commission as Required by Commission Rule 166.

Court of Appeals order issued September 20, 2011 for publication, affirmed MERC's decision.

Unfair Labor Practice Not Found - Charge Against Respondents Dismissed; Respondents Did Not Violate Duty to Bargain in Good Faith; Method for Calculating Pension Benefits is a Mandatory Subject for Bargaining; Parties' Collective Bargaining Agreements Incorporated the Language of the Retirement Ordinance; Adoption of New Mortality Table Was Consistent With the Retirement Ordinance. Question of Whether Mortality Table was Actuarially Equivalent was a Matter to be Decided through the Contract Grievance Procedure.

Lake County and Lake County Sheriff -and- Police Officers Association of Michigan

Court of Appeals unpublished order issued February 8, 2011, affirmed MERC's decision.

Supreme Court No. 142803
Supreme Court order issued July 25, 2011 denied application for leave to appeal.

Unfair Labor Practice Found - Respondents' Refusal to Proceed to Arbitration on a Grievance that is Arguably Arbitrable Violates the Duty to Bargain in Good Faith; Respondents had No Duty to Arbitrate Grievance under Expired Contract; Grievance is Arguably Arbitrable under New Contract in which the Effective Date Precedes the Date of the Grievance. Respondent's Refusal to Arbitrate the Grievance is a Violation of PERA.  Determination of Whether a Grievance is Actually Arbitrable is Properly Addressed by the Arbitrator or the Courts.

C07 A-011, decision issued June 25, 2009.