Cases 

"2009 - The Michigan Employment Relations Commission issued a decision dismissing Wayne County’s unfair labor practice charge against AFSCME.  In the decision, the MERC recognized for the first time that Michigan law follows federal law in that unions may represent retirees in grievances regarding retiree benefits with the retiree’s consent.  The MERC also ruled that retirees may, with or without the assistance of their union, attempt to remedy breaches of agreements regarding collectively bargained retiree benefits.  Bruce Miller litigated this case on behalf of AFSCME. This case is important to describe the actions that retirees can take in the face of employers taking away agreed upon retirement benefits." 

Wayne County and AFSCME Decision and Order (PDF)

"2009 - Attorney Robert Fetter obtained an Award from an Arbitrator reinstating with full back pay four court officers employed with 36th District Court.  The amount of the award will exceed $3.5 million.  The Chief Judge of the Court terminated the four employees relying on her authority given by court rule to appoint court officers.  However, the Chief Judge agreed in a collective bargaining agreement not to terminate court officers unless there was just cause.  The arbitrator ruled that the collective bargaining agreement governed and the Chief Judge did not have just cause to terminate the court officers."

"2009 – Attorney Robert Fetter filed a lawsuit against the City of Detroit, Monica Conyers, and Mariners Inn alleging that Mariners Inn terminated a drug treatment counselor because he filed a petition seeking to recall Monica Conyers.  The Complaint alleges that Monica Conyers called officials at Mariners Inn and threatened that she would oppose funding for the organization unless they fired the employee.  The case is being litigated in the Eastern District of Michigan Federal District Court."

City of Ann Arbor v. AFSCME Local 369 (Michigan COA Decision) (PDF)

“Sexual harassment: Atty Richard Mack won a $450,000 consent judgment for a young woman who was forced to have sex with the owner of the company she worked for. The jury heard the Plaintiff choke through tears; one juror actually cried herself. After her psychologist described the deep-seeded pain the woman still suffered from, the case settled. The three day trial ended when the Defendant was forced to admit that he had lied under oath, after the Plaintiff's strong case was presented before the jury. Atty Mack explained that lying under oath never pays: "In my depositions of the Defendant early on, he committed to his defenses to the charges of harassment. Once the Defendant commits to a response -- either in sworn testimony or a response to a civil rights charge -- it has locked itself in and cannot change before the jury. In this case, the Defendant had committed to a position many times over, and was forced to settle because the position was shown to be a lie.”

“2008 - The Thirty-Sixth District Court made an illegal decision to try and save money, without proper consultation with the AFSCME union which represents its employees. It closed its doors on every other Friday, in violation of the clear language of the AFSCME-Court bargaining agreement. Atty Richard Mack represented AFSCME in the union's charge with the Michigan Employment Relations Commission, claiming that the unilateral change was a violation of state labor law. The Commission ruled in favor of AFSCME, awarding the AFSCME-represented court employees back pay and benefits for the months that they lost Friday work. While the Court is appealing the Commission's ruling, it is expected that -- with interest -- the back pay and benefit award to employees could be close to $1 million dollars.”

“2008 - The City of Detroit had laid off 25 employees who assist the public in the Neighborhood City Halls. These employees were represented by the union Michigan AFSCME Council 25, and its Local 1023. The laid off employees were replaced with non-union persons who did the same work. Atty Richard Mack represented the union before the Michigan Employment Relations Commission, the state labor board. The City’s claim was that the replacements were of City volunteers, not employees, so the replacements were not a violation of labor law. AFSCME argued otherwise. After litigating much of the charges, a settlement was negotiated of well over $200,000 in back pay and benefits. Atty Mack said "even though the replacement personnel was not paid for directly by the City, replacing union members with non-union members is wrong. This new tactic must be challenged at every turn."

“2008 – In a labor arbitration award, the arbitrator awarded reinstatement and partial back pay to a union member that was discharged for allegedly using inappropriate language at work. After hearing from the witnesses at a hearing, the arbitrator found that the employer exaggerated its claims against the union member and the facts did not support a termination.”

“2009 – Attorneys at Miller Cohen obtain Order from U.S. District Court refusing to dismiss its client’s claims of race discrimination, retaliation, and whistleblower against nursing home. The case will proceed to trial. Based in part upon testimony of several witnesses, including an African-American supervisor and African-American and white co-workers, Plaintiff alleged that her former employer treats employees differently based upon race. Further, Plaintiff, who was previously employee of the year and nominated for a national caregiver award for her care of the elderly, reported that coworkers, who happened to be white, were leaving patients overnight soiled in their own excrement. For several months, the employer took no action to remedy the situation. She reported the issue internally and ultimately to the State of Michigan. The employer targeted her for selective discipline and ultimately terminated her. The State of Michigan ultimately found that her employer was violating the law and her employment case is pending a trial date.”

Sexual Harassment and Retaliation — A $579,000 settlement that Miller Cohen P.L.C. recently obtained for its clients in a sexual harassment and retaliation case was recognized in Michigan Lawyers Weekly. (Newspaper article retaliation settlement)

Collective Bargaining Miller Cohen Attorneys obtain enforcement of Court Order compelling employer to pay nearly $350,000 to unionized employees (OP Local 67 v. Gem Management)

Arbitration Award - Class Action Grievance On behalf of their Union client, Miller Cohen attorneys were successful in obtaining arbitration award halting the subcontracting of bargaining unit work (OPEIU Local 459 and McLaren Medical Center)

AFSCME Council 25 and City of Livonia The American Federation of State, County, and Municipal Employees Council 25, through their attorneys at Miller Cohen obtain a Direction of Election for a bargaining unit consisting of part time and seasonal employees of the City of Livonia's Parks and Recreation Department.

Illegal Discrimination NLRB finds that employer discriminated against employees for their union activity. The Board orders reinstatement and back pay for terminated employees. The Board also finds that employer interfered with the employees' free choice in union election and orders a new election. (AFSCME and Huron Valley Sinai Hospital)

Garrett v. City of Detroit Court prevents privatization in violation of City of Detroit ordinance on behalf of City employees.

DMC v. AFSCME Court enforces arbitration award and orders the employer to reinstate employee with back-pay.