Date: Thu, 05 Apr 2007 12:15:15 -0400
From: Dave Reed <ddreed@mtu.edu>
To: acadforum-l@mtu.edu, Walter Milligan Jr <milligan@mtu.edu>,
Jim Baker <jrbaker@mtu.edu>, Anita Quinn <aquinn@mtu.edu>
Subject: Faculty Union Update - April 5, 2007
All:

A few days ago, I informed you that on March 21, both the University and
the faculty union agreed not to file exceptions to Judge Stern's
Decision and Recommended Order of March 6. If any party had filed an
exception, it would have caused a delay in returning to negotiations.
We felt that that it would be best for the University and the Union to
go back to good faith negotiations as quickly as possible. I also noted
that on March 27, the Union filed a Motion to Clarify the Administrative
Law Judge's (ALJ's) Order concerning the extension of the Union's
certification year (90 days vs. 120 days) and that we chose not to
challenge this latest motion, as we thought that would only delay
getting back to negotiations. On March 29, the Michigan Employment
Relations Commission (MERC) essentially adopted Judge Stern's
Recommended Order.

We learned late yesterday that Judge Stern has asked to respond to the
faculty union's Motion to Clarify the Decision. As a result, the
Michigan Employment Relations Commission (MERC) has notified the
University, the AAUP, and the Petitioner of the following 'new' Order
issued on April 2:

/"Our March 29, 2007 Decision and Order is hereby set aside and this
matter is remanded to the ALJ for the purpose of responding to the
Charging Party's Motion to Clarify the Decision and Recommended Order"/

The net effect of this is that since MERC has set aside the Judge's
decision and order while she is responding to the union's motion, the
original Petition to Decertify the Union remains viable. As a result,
MERC rules direct that the employer must remain strictly neutral in this
continuing question concerning representation of the faculty and we will
be unable to return to negotiations until we get the final order from
MERC. When the issue of the Union's current Motion to Clarify is
decided by Judge Stern, I'll have more information to pass along to you.

Dave R

--
David D Reed
Vice President for Research