a scien beg tn nen i & CHARGE ac Authority: PA. 380 of 1985, as amended. aeasesse existence stomnenn hog inore tomo [NSTRUGTIONS: Fie an orginal and 4 opi 611. OtsweSt,2n Foo, PO Box. 3015 Lansing M408, The Charging Party must serve the Charge onthe opposing Side within the apllsble statute of imitations, and must flea statement of service with MERC. Complete Seton 1 # you are tng charges against anepoyer ander is agents and representatives. —— [Complete Secon 2 Yeu ally charges agar aber erganzaton andl Ks gots ndepearabes [LEMPLOVER AGAINST WHICH THE CHARGE IS BROUGHT ‘Check ppropins box: O) Prvate El Governmental Name and Aare: Clarkston Community Schools £6389 Clarkston Road Clarkston, Ml 48436 3 LABOR ORGANIZATION AGAINST WHICH THE CHARGE 1S BROUGHT Name ane Adress: Michigan Education Association Clarkston Education Association 1216 Kendale Blvg, 2625 E. Oakley Park Road, Suite 200 East Lansing, Ml 48826-2573 Commerce Township, Ml 48390 3 CHARGE Pursuant othe abor Mediation Ast AMA or Public Employment Relations At (PERAY (asso one the ndaraned charges that the sbove ned par has engeged iar ieongeging in unterabr pacts within themeaning ofthe Ac On an attached shoot you must provide a ler and concise statement ofthe fects which allege a violation ofthe Thadorren incucng the date of occurence of ach parler act and tne nomas a the agen the charge Paty who engaped in he complanadof conduct The harge should deserlo wh dd wat endwhen tay di 5nd rey expisn why such setone cnet a viotahion ote (MAorPERA. requir information. However i ot naesssary 10 The Commission may reject a charge for ature onc ial ane exhibits ordinary should not ba submited with Brace your eave nfl at this time, Documentary mat hs enarge form, [Name and Adres of Party Fling Charge (Charging Paw Tephone Nambor Ron Conwell (oy saz2017 Eis ALL voeed MERC cua tam ae pas case Nos case No have ead so 0 and beet ene str or arn me ‘Arpanda K: Freeman, Staff Attorney [ro3-32.8010 [Siamontnomnneomrnnmoweamaaarnon| Springfield [iq [em 22160 ‘Reng Ugworg et epi lr wt nngo pt na pp ene pb RP SSN Sec pen yn a Seah ay nese‘Since October 3, 2001, Charging Party has been employed asa full-time computer science teacher by Clarkston Community Schools (“Respondent Employer”) and is a member of bargaining unit represented by the Clarkston Education Association and its afilites (Respondent Union”). On or about October 3, 2001, Charging Party became a member of Respondent Union incident to the forced unionism provisions contained in prior collective bargaining agreements between Respondent Union and Respondent Employer. On September 1, 2012, Respondent Employer and Respondent Union entered into a collective bargaining agreement containing an “Agency Shop” Clause, which was effective from September 1,2012 ~ August 31, 2013. (On March 27, 2013, Respondent Employer and Respondent Union entered into a ‘memorandum of agreement (MOA) extending the Agency Shop Clause inthe collective bargining agreement for “a period not to exceed the term of the applicable, successor collectively bargained agreement but said extension, in each ease, is contingent and conditioned upon ratification and execution ofall successor collectively bargained agreements... by on or before midnight on June 15,2013.” Despite only extending the ‘Agency Shop Clause forthe duration ofthe successor collective bargaining agreement, the last paragraph atempted to make the rst ofthe MOA effective from March 26, 2013 ~ lune 30,2016. (On June 13, 2013, Respondent Employer and Respondent Union entered into the successor collective bargaining agreement (“successor agreement”), which was effective from September 1, 2013 August 31, 2014 and contained an “Agency Shop” Clause, (On September 22, 2014, Respondent Employer and Respondent Union entered into a collective bargaining agreement ("2014 CBA”) containing an “Ageney Shop” Clause, which ‘was effective from September 22, 2014 ~ August 31, 2015. n or about September 1,2015, Respondent Employer and Respondent Union entered into a collective bargaining agreement (“2015 CBA”), which was effective from September 1, 2015, June 30,2017. The 2015 CBA contained an “Agency Shop” Clause that stated it was “null ‘and void and of no further force and effect after June 30, 2016 in accordance with the Memorandum of Understanding between the District and the Association executed on March 27,2013." ‘On August 20, 2015, Charging Party resigned from membership in Respondent Union by i a certified letter to Darykl Biallas, Clarkston Education Association's President, and John Lucido, Clarkston Community Schools Human Resources Department's Executive Director. ). On August 31, 2015, Respondent Union, through the Michigan Education Association, accepted Charging Party's resignation by letter, but stated tht he still owed a fair share fee to Respondent Union “as a condition of employment” based on the collective bargaining agreement applicable to his bargaining unit10. On October 8, 2015, Charging Party, through his ttomey, sent etter to Respondent Union and Respondent Employer notifying Respondent Union hat ithad violated Charging Party's legal right to refrain from assisting a labor organization by demanding that he owes a fair share fee even though the new Right to Work law is applicable, and notifying Respondent ‘Union and Respondent Employer that they had violated Charging Party's rights by entering into collective bargaining agreements containing Agency Shop Clauses in violation of the new Right to Work laws. Charging Party asked both Respondent Union and Respondent Employer to cease these unlawful acts against him. Neither Respondent Union nor Respondent Employer responded to this ltr. 11. After the successor agreement upon which the MOU was contingent expired on August 31, 2014, the March 28, 2013 amendments to the Public Employment Relations Act (“Act”) bbecame applicable to Charging Party and the 2014 CBA and subsequent CBAs. 12, The Actallows public employees to refrain from financially supporting a labor organization. MCL 423.205(1\(6) 2015). A public employer or an officer or agent of a public employer and a labor organization or its agents “shall not... [estan oF coerce employees inthe exercise of the rights guaranteed in section 9.” Id §§ 423.210(1)@) & (2Xa). “Violations of the provisions of section 10 shal be deemed tobe unfair labor practices remediable by the commission..." MCL 423.216. 13. The Act further provides “an individual shall not be required asa condition of obtaining or continuing public employment to... [play any dues, fees, assessments, or other charges or expenses of any kind or amount, or provide anything of value toa labor organization or bargaining representative.” MCL 423.210(3Xe). “An agreement, contract, understanding, or practice between or involving a public employer, labor organization, or bargaining that violates subsection (3) i unlawful and unenforceable.” MCL 423.210(5). ction applies to “agreement(s}, contracts], understanding[s), or practice[s) that take(] effector fare] extended or renewed after March 28, 2013.” /d. 14.“A person, publi employer, or labor organization that violates subsection (3) is lable for @ Civil fine of not more than $500.00." MCL 423.210(8. 15. The Act also provides “{cJollective bargaining between a public school employer and bargaining representative of its employees shall not include ...[alny requirement that would violate section 10(3).” MCL 423.215(3)@). 16. By stating Charging Party owes a fir share fee as a condition of employment, Respondent ‘Union violated Charging Party’s right o refrain from financially supporting a labor ‘organization and commited an unfair labor practice. 17. By entering into the 2014 CBA and 2015 CBA’s requiring individuals o pay a fe to the union asa condition of employment, Respondent Union and Respondent Employer violated (Charging Party's right not to be required to pay fees to Respondent Union and violated the ‘Act by bargaining over such an agreement Conclusion: These acts and omissions violate the Act and restrain, coerce, and discriminate against Charging Party in the exercise of his right to refrain from assisting a labor organization 2and from paying fees toa labor orga on or bargaining representative. Therefore, Charging Party requests the following relief: 1 Declaration that Respondent Union committed an unfair labor practice when it a. demanded Charging Party owed a fair share fee asa condition of employment on August 31, 2015; and ’. entered into the 2015 CBA requiring payment of fees asa condition of employment. Declaration that Respondent Employer committed an unfair labor practice when it entered into the 2015 CBA requiring payment of fees a a condition of employment. Declaration thatthe “Agency Shop” Clause in the 2015 CBA is unlawful and unenforceable. Order Respondent Union a. recognize Charging Party owes nothing to Respondent Union after August 2015, and update its records to indicate this fat; and b. cease and desist demanding Charging Party owes fees or any type of payment 0 Respondent Union since August 2015, (Order Respondent Employer update its records to reflect that Charging Pary is a non ‘member who owes nothing after August 2015. (Order Respondent Union and Respondent Employer 4. send a letter and e-mail to every union member acknowledging that it has committed the unfair labor practices alleged in this complaint and stating that they will not restrain and coerce employees in the exercise oftheir tights to refrain from assisting a labor ‘organization and/or from paying fees toa labor organization or bargaining representative asa condition of employment; ». posta copy of the order along with a notice indicating that Respondent Union and Respondent Employer have been found to have committed the unfair labor practices in violation of the Act and that they will not restrain and/or coerce employees in the ‘exercise of their rights to refrain from assisting a labor organization and/or from paying fees as a condition of employment in a conspicuous locaton in al facilities where _members of Respondent Union are employed, including all places where notices to ‘members ofthe Respondent Union's and Respondent Employer's bargaining unit are ‘normally posted, on their respective websites, and on thir respective social media pages fora period of sixty (60) consecutive days, within sixty (60) days of the date of the order. Grant all other appropriate statutory remedies.CERTIFICATE OF SERVICE hereby certify that a true and correct copy of the attached MERC unfair labor practice charge was served on the parties via U.S.P.S. certified mail, return receipt requested to: Clarkston Community Schools (6389 Clarkston Road Clarkston, MI 48436 Clarkston Education Association 2625 E. Oakley Park Road, Suite 200 ‘Commerce Township, MI 48390, Michigan Education Association 1216 Kendale Blvd, East Lansing, Mi 48826-2573 ated: November 62015 Defense Foundation 8001 Braddock Ra, Suite 600 Springfield, VA 22209 Auorney for Charging Party