Posted by: POLC Staff Posted date: November 24, 2016
Given their Act 312 eligibility, dispatcher/clerks will participate in election
Case name: Davison, Township of and POLC, 30 MPER 26 (Mich. ERC 2016).
Ruling: MERC considered a union·s petition seeking to accrete the classification of dispatcher/clerk to its existing bargaining unit of municipal police officers. MERC decided that the petitioned-for dispatchers/clerks qualified as emergency telephone operators under the pertinent Act 312 provision. Upon concluding that dispatchers/clerks shared a community of interest with municipal police officers as the result of their Act 312 eligibility, MERC directed a secret ballot election among the petitioned-for employees.
What it means: MERC noted that it has long recognized the availability of Act 312 arbitration as a significant factor in defining the appropriate bargaining unit. MERC case law holds that, upon objection by one of the parties. Act 312-eligible positions are not subject to inclusion in the same bargaining unit as non-eligible positions.