Detroit Water and Sewerage Department v. Afscme Council 25
332156
| Mich. Ct. App. | Nov 21, 2017Background
- DWSD reorganized in 2013 after a federal court order requiring workforce restructuring to comply with the Clean Water Act; it consolidated 257 classifications into 57 new ones and created Plant Technician (PT) and Office Support Specialist (OSS) classifications.
- PT combined 11 feeder titles (125 employees): 114 previously AFSCME-represented, 6 IUOE Boiler Operators/PEOMs, 5 UAW supervisors; PT has four levels with increasing certification requirements.
- OSS combined 17 feeder titles (39 employees): 25 formerly AFSCME-represented, 14 IUOE principal clerks; OSS has three levels with varying education/experience requirements.
- DWSD/GLWA assigned PT and OSS to IUOE Local 324 based on feeder classifications’ highest skill level and IUOE’s training program; AFSCME petitioned MERC for unit clarification claiming the positions belonged in its larger unit.
- MERC granted AFSCME’s petition, treating PT and OSS as newly created positions, finding they shared a community of interest with AFSCME’s unit, and concluding DWSD’s assignment to IUOE was not shown reasonable; the Court of Appeals affirmed except it vacated a MERC footnote ordering multi-employer bargaining.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether PT and OSS are "new" positions for UC analysis | AFSCME: positions are newly created under the federal-mandate reorganization and differ structurally from feeder titles | IUOE/DWSD: duties largely unchanged; not new positions | Court: Positions are "newly created" given overhaul context, consolidation of titles, new levels, and training emphasis; MERC's finding upheld |
| Whether PT and OSS share community of interest with AFSCME or IUOE | AFSCME: PT/OSS share supervisors, facilities, work rules, benefits, duties and daily interaction with AFSCME-represented employees | IUOE/DWSD: higher-skilled feeder classifications and IUOE training establish community with IUOE | Court: Substantial evidence supports community-of-interest with AFSCME; MERC factual findings upheld |
| Whether MERC must defer to employer assignment absent bad faith | IUOE/DWSD: MERC should defer to employer unless bad faith; assignment reasonable based on highest-skilled feeder and training | AFSCME: MERC may set unit to form largest compatible unit; employer failed to justify assignment | Court: MERC may depart from deference; here employer failed to show reasonable basis, MERC reasonably placed positions in larger AFSCME unit |
| Whether MERC erred by mentioning multi-employer bargaining and adding GLWA late | DWSD/GLWA: no evidence or consent for multi-employer bargaining; GLWA lacked due process when added late | AFSCME: MERC’s order proper; GLWA had notice/waived objections | Court: Vacated MERC footnote on multi-employer bargaining; rejected due-process claim because GLWA had notice/waived objection |
Key Cases Cited
- Macomb County v. AFSCME Council 25, 494 Mich. 65 (MICH. 2013) (standard for appellate review of MERC factual and legal rulings)
- AFSCME Council 25 v. Faust Public Library, 311 Mich. App. 449 (Mich. Ct. App. 2015) (MERC's authority to determine appropriate bargaining units and preference for largest compatible unit)
- Melvindale-Northern Allen Park Federation of Teachers v. Melvindale-Northern Allen Park Public Schools (After Remand), 216 Mich. App. 31 (Mich. Ct. App. 1996) (MERC may depart from precedent if rationale is explained and not arbitrary)
- Hotel Olds v. State Labor Mediation Bd., 333 Mich. 382 (Mich. 1952) (policy favoring formation of the largest bargaining unit compatible with the law)