unfair labor practice violation (Michigan) · Go Syfert
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unfair labor practice violation in Michigan

8 Michigan opinions name it 2 courts 1986–2016 0 in the last five years

The cases below were cited by Michigan courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (1)

CaseFollowedCited
Mid-Michigan Education Ass'n v. St. Charles Community Schoolsgreen
michctapp · 1986 · cited in 1 Michigan opinions naming this issue, 1991–1991
2 sentences

1991Thus, in Mid-Michigan Ed Ass’n v St Charles Community Schools, 150 Mich App 763, 767, 769 ; 389 NW2d 482 (1986), the Court of Appeals held that "the [employer’s] past practice of providing health care benefits, although contrary to the contract provision, constituted a term of employment which could not be unilaterally changed.” The Court reasoned that "[b]ecause the district instituted the practice and permitted it to continue, knowing that it was contrary to the contract, the district cannot now rely on the contractual language to unilaterally change the practice.” The Employment Relations C

1991Thus, in Mid-Michigan Ed Ass’n v St Charles Community Schools, 150 Mich App 763, 767, 769 ; 389 NW2d 482 (1986), the Court of Appeals held that "the [employer’s] past practice of providing health care benefits, although contrary to the contract provision, constituted a term of employment which could not be unilaterally changed.” The Court reasoned that "[b]ecause the district instituted the practice and permitted it to continue, knowing that it was contrary to the contract, the district cannot now rely on the contractual language to unilaterally change the practice.” The Employment Relations C

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Michigan. Read the followed side critically anyway.

Also cited on this issue (9)

CaseCitedYears
Bay City School District v. Bay City Education Ass'n green
mich · 1986
2 sentences

1987The board ignores the statement of the arbitrator that he had "no power to determine if there has been a statutory unfair labor practice.” Furthermore, although the filing of an unfair labor practice claim with merc does not preclude an arbitrator from resolving a breach of contract claim arising out of the same controversy, see Bay City School Dist v Bay City Ed Ass’n, Inc, 425 Mich 426, 439 ; 390 NW2d 159 (1986), merc is prohibited from deferring the resolution of a statutory claim to an arbitrator.

1987The board ignores the statement of the arbitrator that he had "no power to determine if there has been a statutory unfair labor practice.” Furthermore, although the filing of an unfair labor practice claim with merc does not preclude an arbitrator from resolving a breach of contract claim arising out of the same controversy, see Bay City School Dist v Bay City Ed Ass’n, Inc, 425 Mich 426, 439 ; 390 NW2d 159 (1986), merc is prohibited from deferring the resolution of a statutory claim to an arbitrator.

21986–1987
National Labor Relations Board v. Great Dane Trailers, Inc. green
scotus · 1967
1 sentence

2016Van Buren Co Ed Ass’n, 309 Mich App at 639 ; Great Dane Trailers, 388 US at 34 .

12016–2016
Van Buren County Education Ass'n & Decatur Educational Support Personnel Ass'n v. Decatur Public Schools green
michctapp · 2015
1 sentence

2016Van Buren Co Ed Ass’n, 309 Mich App at 639 ; Great Dane Trailers, 388 US at 34 .

12016–2016
Scudder v. Security Trust Co. green
mich · 1927
1 sentence

2000We answer yes and hold that the circuit court lacks jurisdiction over the association’s foia and [Right to Know] action. [ 238 Mich App 313 -315.] Later in its opinion, the Court of Appeals elaborated that discussion in considerable detail. 238 Mich 318 -326. *359 B The Court of Appeals would be correct that MERC has exclusive jurisdiction over this dispute if it were true, as the Court said, that “the association’s claim is, in substance, an unfair labor practice claim.” 238 Mich App 320 .

12000–2000
Leider v. FITZGERALD EDUCATION ASSOCIATION neutral
michctapp · 1988
2 sentences

1991Leider v Fitzgerald Ed Ass’n, 167 Mich App 210, 216 ; 421 NW2d 635 (1988).

1991Leider v Fitzgerald Ed Ass’n, 167 Mich App 210, 216 ; 421 NW2d 635 (1988).

11991–1991
National Labor Relations Board v. J. Weingarten, Inc. green
scotus · 1975
2 sentences

1989In National Labor Relations Bd v J Weingarten, Inc, 420 US 251 ; 95 S Ct 959 ; 43 L Ed 2d 171 (1975), the Supreme Court affirmed the National Labor Relations Board’s following holding regarding § 7 of the National Labor Relations Act, 29 USC 157, which is similar to § 9 of the pera: The National Labor Relations Board held in this case that respondent employer’s denial of an employee’s request that her union representative be present at an investigatory interview which the employee reasonably believed might result in disciplinary action constituted an unfair labor practice in violation of § 8(a

1989In National Labor Relations Bd v J Weingarten, Inc, 420 US 251 ; 95 S Ct 959 ; 43 L Ed 2d 171 (1975), the Supreme Court affirmed the National Labor Relations Board’s following holding regarding § 7 of the National Labor Relations Act, 29 USC 157, which is similar to § 9 of the pera: The National Labor Relations Board held in this case that respondent employer’s denial of an employee’s request that her union representative be present at an investigatory interview which the employee reasonably believed might result in disciplinary action constituted an unfair labor practice in violation of § 8(a

11989–1989
Webb v. Nolan green
scotus · 1970
2 sentences

1989Newport News Shipbuilding & Dry Dock Co v NLRB, 602 F2d 73, 76 [CA 4, 1979]; Hess Oil & Chemical Corp v NLRB, 415 F2d 440, 445 [CA 5, 1969], cert den 397 US 916 ; 90 S Ct 920 ; 25 L Ed 2d 97 [1970]; accord, Douds v International Longshoremen's Association, 241 F2d 278, 282-283 [CA 2, 1957].

1989Newport News Shipbuilding & Dry Dock Co v NLRB, 602 F2d 73, 76 [CA 4, 1979]; Hess Oil & Chemical Corp v NLRB, 415 F2d 440, 445 [CA 5, 1969], cert den 397 US 916 ; 90 S Ct 920 ; 25 L Ed 2d 97 [1970]; accord, Douds v International Longshoremen’s Association, 241 F2d 278, 282-283 [CA 2, 1957].

11989–1989
S. E. Nichols-Dover, Inc. v. National Labor Relations Board green
scotus · 1970
2 sentences

1989Newport News Shipbuilding & Dry Dock Co v NLRB, 602 F2d 73, 76 [CA 4, 1979]; Hess Oil & Chemical Corp v NLRB, 415 F2d 440, 445 [CA 5, 1969], cert den 397 US 916 ; 90 S Ct 920 ; 25 L Ed 2d 97 [1970]; accord, Douds v International Longshoremen's Association, 241 F2d 278, 282-283 [CA 2, 1957].

1989Newport News Shipbuilding & Dry Dock Co v NLRB, 602 F2d 73, 76 [CA 4, 1979]; Hess Oil & Chemical Corp v NLRB, 415 F2d 440, 445 [CA 5, 1969], cert den 397 US 916 ; 90 S Ct 920 ; 25 L Ed 2d 97 [1970]; accord, Douds v International Longshoremen’s Association, 241 F2d 278, 282-283 [CA 2, 1957].

11989–1989
DETROIT FIRE FIGHTERS ASSOC. v. City of Detroit green
mich · 1980
1 sentence

1987Detroit Fire Fighters Ass’n v Detroit, 408 Mich 663 ; 293 *64 NW2d 278 (1980).

11987–1987

Statutes the citing opinions construe

MI § Mich. Comp. Laws § 423.210 (7) MI § Mich. Comp. Laws § 423.216 (6) MI § Mich. Comp. Laws § 423.201 (5) MI § Mich. Comp. Laws § 423.215 (4) MI § Mich. Comp. Laws § 24.306 (3) MI § Mich. Comp. Laws § 423.209 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

PA 14 (1975–2019) IL 13 (1987–2026) CA 10 (1974–2016) WA 8 (1980–2017) MI 8 (1986–2016) NY 6 (1954–2003) OR 5 (1980–2022) FL 4 (1987–2014) NH 3 (2006–2011) MD 3 (1981–2005) NJ 3 (1953–2016) RI 2 (1996–2009)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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