September 2010

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 Violated Duty to Bargain,  Employer Attempted To Eliminate Two Bargaining Units; Employer Refused to Bargain Successor Agreement for Commanders Bargaining Unit Despite Prior Commission Decisions Holding Commanders Covered by PERA; Employer Refused to Bargain over Reorganization and Effects of Reorganization and Refused to Provide Union with Requested Relevant Information.  Employer Discriminated Against Bargaining Unit Members to Discourage Union Activity and Interfered with Employees’ Section 9 Rights; Employer Removed Union President and Officers from Bargaining Unit; Employer Attempted to Replace Ranks of Commander and Inspector with Non-Union Employees.  

C02 G-173 

&

C04 E-120

Southfield Public Schools and Southfield Education Association

Unfair Labor Practice Charge Withdrawn – Charging Party Informed the Commission that it No Longer Wished to Pursue the Charge and Requested the Charge be Withdrawn; the Commission Granted this Request.

Detroit Public Schools and Detroit Association of Educational Office Employees

Unfair Labor Practice Charge Withdrawn – The Parties Settled the Matter; Charging Party Requested that Charge be Withdrawn; Both Parties Asked that the ALJ’s Decision and Recommended Order not be Published; the Commission Granted the Parties’ Requests.

Unfair Labor Practice Found - Violation of the Duty to Bargain; Employer Decision to Subcontract Services Provided by Bargaining Unit Members is Generally Mandatory Subject of Bargaining;  Where Employer is Public School Employer and Services to be Subcontracted are Noninstructional Support Services, Decision to Subcontract is a Prohibited Subject of Bargaining; Determination of Whether Services are Noninstructional Support Services Must be Made on Case-by-Case Basis; Aides in this Case Perform Instructional Support Services; Subcontracting of Such Services is a Mandatory Subject of Bargaining.

Pontiac School District and Pontiac Education Association

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.

Michigan State University Administrative Professional Association and Michigan State University and John Moralez

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. 

Detroit Police Officers Association and James E. Herbert, Jr.

Unfair Labor Practice Not Found-- Charge Summarily Dismissed; Allegations Failed to State Cognizable Claims Under PERA; Conclusory Assertions of Improper Representation Against the Union Insufficient to Establish a Breach of the Duty of Fair Representation Claim; Union’s Decision to Not File a Grievance Over Charging Party’s Loss of MCOLES Certification Not Deemed as Grounds for a PERA Violation.

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

This page last updated 7/9/12