December 2015

Wayne County Clerk -and- AFSCME Council 25, Local 1659 -and- Kimyette Loyd

Unfair Labor Practice Not Found: Charging Party Failed to State Claim for Which Relief Can be Granted Under PERA; Failure to Allege That Union Acted Arbitrarily, Discriminatorily, or in Bad Faith By Suspending Charging Party; The Fact that a Member is Dissatisfied with the Union's Efforts is Insufficient to Constitute a Breach of the Duty of Fair Representation; Charging Party Failed to Allege Facts to Establish that the Employer Violated the Collective Bargaining Agreement.

Failure to State Claim; Duty of Fair Representation

Detroit Public Schools -and- Paul Cherry

Remand: Charge Remanded to ALJ for Further Proceedings; Failure to Respond to Show Cause Order May Warrant Dismissal of Charge; ALJ to Determine Whether Charging Party Failed to Timely Respond to Show Cause Order.

Remand; Failure to Respond to Show Cause Order; Failure to Follow Commission Rules; Failure to State Claim

17th Judicial Circuit Court -and- Technical, Professional and Officeworkers Association of Michigan (TPOAM) -and- United Auto Workers (UAW) Local 2600 -and- Kent County -and- 63rd District Court -and- Kent County Probate Court

Forthcoming

Petition for Election

Teamsters Local 214 -and- Pauline Beutler

Unfair Labor Practice Not Found: ALJ Erred by Concluding that Commission Does Not Have Jurisdiction Over the Matter; Under § 10(2)(a), Commission Has Jurisdiction Over Matters in Which a Labor Organization Restrains or Coerces Public Employees in the Exercise of Rights Guaranteed in § 9 of PERA, Including the Right to Refrain from Protected Activities; Charging Party's Resignation Letter was Effective to End Her Union Membership and Union has not Acted to Restrict Resignation or to Prevent it from Being Effective, Therefore, No Basis to Find that Respondent Restrained Charging Party from Exercising her Right to Refrain from Union Membership; By Signing the Checkoff Authorization and Assignment, Charging Party Acknowledged the Voluntary Nature of the Authorization and that Her Payment of Union Dues was Not Conditioned on Her Present or Future Union Membership; Charging Part, thus, Waived Her Right to Refrain from Financially Supporting the Union Until She Terminates That Obligation in Accordance with Signed Agreement with Union;  Financial Obligation Limited to Period Prior to Resignation and Beginning of Next Window Period Following Termination of Union Membership; Respondent Did Not Collect Any Dues From Charging Party After Her Resignation from the Union, and Did Not Violate § 10(2); PA 53 Did Not Invalidate Charging Party's Checkoff Authorization and Assignment Because PA 53 Did Not Alter the Obligation of Employees to Pay Dues Pursuant to a Lawful Agreement.

Commission Jurisdiction; § 10(2)(a) of PERA; 2012 PA 349; 2012 PA 53

Carman-Ainsworth Community Schools -and- Bendle Public Schools -and- Sheryl Karas -and- Carman-Ainsworth Education Association and Bendle/Carman-Ainsworth Adult and Alternative Education Association

Unfair Labor Practice Not Found: Charging Party's Claim that Respondents Prevented Her From Joining a Labor Organization is Untimely; Commission Has Strict Six Month Statute of Limitations; Charging Party Failed to Present Evidence to Establish that Either Respondent Retailed Against Her in Violation of § 10(1)(a), (c), or (d); No Evidence to Suggest that Respondent Harbored Anti-Union Animus by Failing to Hire Charging Party for Summer Camp Position; Charging Party Failed to Establish Prima Facie Case of Discrimination or Retaliation by Respondents Under § 10(1)(c) or (d).

Statute of Limitations; Retaliation; Discrimination; Anti-Union Animus

Lansing Community College and the Board of Trustees -and- Lansing Community College Part Time Technical Union, MEA/NEA -and- Lansing Community College Chapter of the Michigan Association for Higher Education

Unfair Labor Practice Not Found: Respondents Did Not Violate 10(1)(e) by Unilaterally Implementing a Policy That Changed the Maximum Number of Hours Worked by Part Time Employees; In Order for MERC to find Repudiation, the Contract Breach Must Have a Substantial Impact on the Bargaining Unit and There Must be no Bona Fide Dispute Over Contract Interpretation; ALJ Determined Bona Fide Dispute Existed as to Contract Interpretation, and Therefore, Parties Dispute Should Proceed According to Agreed Upon Grievance Procedure.

Unilateral Change; Repudiation

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

This page last updated 1/10/16