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Commission Decisions issued October, 2009


October 2009

Name Subject Matter Date Issued Case Number

Argentine Twp -and- Thomas R. Brooks

Unfair Labor Practice Not Found; Charging Party Failed to State a Claim Under PERA; Charging Party Failed to Respond to Show Cause Order; Failure to Respond to Show Cause Order May Warrant Dismissal of Charge; Charge Failed to Allege Employer Interfered With, Restrained, or Coerced Employee From Engaging in Protected Activities.

10/20/09
(20 Day Order)

C09 H-124

Kalamazoo County -and- Kalamazoo County Sheriff -and- Kalamazoo County Sheriff’s Deputies Association

Unfair Labor Practice Found -- Respondents Violated Duty to Bargain in Good Faith; Respondents Repudiated Contract Provision; Act 312 Arbitration is a Permissive Subject of Bargaining; Permissive Subjects of Bargaining Embodied in a Collective Bargaining Agreement Cannot be Unilaterally Repudiated; Parties Intent to Settle Successor Agreement by Binding Interest Arbitration Recognized;  Parties Agreement to Submit to Act 312 Arbitration Upheld to the Extent that Expenditure of Public Funds is Not Required. 

10/16/09

C08 A-019

Wayne County -and- Joseph Chrapkiewicz

Charge Withdrawn at Request of Charging Party as Matter has Been Settled.  Unfair Labor Practice Not Found-- Charge Failed to Allege Facts that Employer Discriminated Against Charging Party For Engaging In Protected Activities; Charge Barred by the PERA Six-Month Statute of Limitations.

10/13/09

C09 G-113

Oakland County Road Commission -and- Michigan AFSCME Council 25, Local 529

Charge Withdrawn – Charge Withdrawn Per Request of Charging Party; Parties Settled Underlying Dispute.  Unfair Labor Practice Found; Respondent Violated Duty to Bargain in Good Faith; Respondent Failed to Respond to Request for Presumptively Relevant Information; Respondent Had Continuing Duty to Provide Such Information.

10/13/09

C09 F-088

City of Detroit (Police Dept)
-and- Detroit Police Officers Association

Unfair Labor Practice Not Found – Charging Party Failed to Allege Facts To Support Claim Respondent Repudiated Contract – No Repudiation When Parties Have Bona Fide Dispute Over Contract Interpretation.

10/07/09
(20 Day Order)

C09 F-093

Sandusky Community Schools -and- Sandusky Education Association

Unfair Labor Practice Found – Respondent Violated Duty to Bargain; Respondent Made Unilateral Changes to Mandatory Subjects of Bargaining after Contract Expiration and in the Absence of Impasse; Parties’ Salary Grid is a Mandatory Subject of Bargaining; Respondent’s Failure to Implement Wage Increases as Required by Salary Grid, prior to Impasse, is a Unilateral Change in Violation of the Duty to Bargain in Good Faith.

Unfair Labor Practice Not Found – Surface Bargaining not Established by Charging Party; Good Faith in Bargaining Determined by Totality of Circumstances; Employer’s Position Changed during Negotiations. Employer Communications of Accurate Information about Negotiations to Employees in Non-Coercive Manner is not PERA Violation; Employer’s Communications to Employees were Factually Accurate and Not Coercive.

10/02/09
(20 Day Order)

C08 I-198 & C08 I-201


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This page last updated 05/03/10