Foley & Mansfield partner Gregory M. Meihn successfully defended unfair labor charges brought by the union representing court employees of the Wayne County Probate Court.
On April 18, 2017, Michigan AFSCME Council 25, AFL-CIO and Local 1659 (“AFSCME”) filed an unfair labor practice charge against our client Wayne County Probate Court (“WCPC”) claiming that WCPC improperly terminated two union employees and failed to process and proceed with timely filed grievances (failure to bargain) as required by the Collective Bargaining Agreement and obligations under the Public Employment Relations Act (“PERA”). Based upon the charge, Michigan Employment Relations Commission (“MERC”) issued a show cause hearing against Wayne County Probate why it should be not be found guilty of the duty to bargain when it refused to process the grievances.
On behalf of WCPC, Meihn drafted and filed WCPC’s answer and brief in support of in response to the show cause hearing and, in addition, filed a Motion to Dismiss.
After reviewing the pleadings, Administrative Law Judge Julie C. Stern granted WCPC’s Motion to Dismiss the unfair labor practice charge finding that AFSCME did not notify WCPC that it wanted to arbitrate the grievances and, accordingly, WCPC did not refuse to arbitrate the grievances.