Judge recommends 2022 unfair labor practice charges filed by Local 1039 against CATA be dismissed ‘in its entirety’
Background
After more than 70 bargaining sessions, a period of 18 months and the issuance of a report by a neutral fact finder, appointed by the Michigan Employment Relations Commission, CATA notified the Union on April 16, 2021, that it was declaring impasse. On April 16, 2021, the Capital Area Transportation Authority implemented parts of its bargaining proposal after months of impasse at the negotiating table (see www.cata.org/implementation-terms for FAQ and terms).
On May 11, 2021, the Amalgamated Transit Union Local No. 1039 filed an unfair labor practice charge against CATA, Case No. 21-E-1120-CE, for violating Section 10(1)(e) of the Public Employment Relations Act by “prematurely declaring impasse and by presenting false information to employees prior to a vote on a package proposal offered by CATA.” The charge further alleged that “following the declaration of impasse, CATA engaged in regressive bargaining by offering less favorable items than in its prior proposal and by withdrawing from a tentative agreement entered into during the negotiation.” Finally, the charge asserted that “CATA acted in bad faith by filing a corrective action plan with the State of Michigan, which contained terms relating to retiree health care that CATA never actually sought to implement.”
Decision & Recommended Order
The case was assigned to David M. Peltz, Administrative Law Judge for the Michigan Office of Administrative Hearings and Rules, acting on behalf of the Commission. The Decision and Recommended Order was issued October 11, 2022.
Based on careful review and the totality of circumstances, the ALJ recommended to the Michigan Employment Relations Commission that “The unfair labor practice charges filed by the Amalgamated Transit Union Local 1039 against the Capital Area Transportation Authority in Case No. 21-E-1120-CE; Docket No. 21-009748-MERC is hereby dismissed in its entirety.”
The union has until November 3, 2022, to appeal.
The full Decision and Recommended Order can be found at here.
We look forward to continuing our efforts toward reaching a successor agreement and are committed to negotiating a fair and equitable contract for all parties.