EMPLOYMENT LAW CASES

Steven H. Schwartz represented the defendants in the cases below

 
Elsey v. Burger King, 917 F.2d 256 (6th Cir 1990)  
Buckner v. City of Highland Park, 901 F.2d 491 (6th Cir 1990)  
White v. Simpson Industries, Inc., 2001 WL 45240 (6th Cir 2001)  
Decker v City of Wyandotte, 2002 WL 31956958 (Mich App 2002)  
Jackson County Assistant Prosecutors Ass’n v. County of Jackson, 1991 WL 438282 (E.D. Mich. 1991)  

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LABOR LAW CASES

Steven H. Schwartz & Associates represented the cities in the cases below:


RECENT MUNICIPAL RESULTS

CASE  RESULT

Act 312 Arbitration

City of Lathrup Village
The City won four out of six issues, the right to subcontract the third shift of the police department and health care concessions.
City Won
City of Romulus
The City won 11 of 14 issues, including pension, promotions, health care cost and other containment issues.
City Won
City of Romulus
(patrol officers)
Settled
City of Trenton
The City won eight out of thirteen issues, including pension and health care cost containment for active employees and retirees.
City Won
City of Woodhaven
The City won
seven out of ten issues, including four out of five years' wages and health insurance changes for active employees and future retirees.
City Won
City of Wyandotte
The city won both pension issues, including maintaining a defined contribution plan.
City Won
City of Wyandotte
The City won five out of seven issues, including wages (2%, 2%, 2%), residency and a new defined contribution pension benefit for new hires.
City Won
City of Wyandotte
The City won thirteen out of sixteen issues, including five pension demands, health insurance, dental insurance and long-term disability insurance.
City Won
City of Wyandotte 
The City won twelve out of seventeen issues, including a wage package of 0%-1%-3%, no changes to the pension plan, a reduction in the sick leave payout and removal of the Fire Chief from the union.
City Won
City of Wyandotte
The City won all three issues (wages, residency and shift selection).
City Won
City of Wyandotte 
The City won two of three pension issues and eliminated the minimum manning provision.
City Won
Cheboygan County
The County won 4 out of 5 issues involving wages, retiree health insurance and pension.
County Won
City of Sylvan Lake
The City won the only issue, shift rotation.
City Won
City of Bloomfield Hills
The City lost the only issue in the arbitration, switching new hires to a defined contribution pension plan.
City Lost
City of Northville Settled
City of Huntington Woods Settled
City of Northville (fact-finding) Settled
Grosse Pointe Library   (fact-finding) Library Won
Genesee County  Settled

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Grievance Arbitration

Genesee County
The arbitrator sustained the discharge of a command officer.
County Won
Genesee County
The arbitrator ruled that the County had the right to subcontract bargaining unit work.
County Won
Genesee County
The arbitrator upheld the termination of a non-union employee.
County Won
Genesee County
The arbitrator upheld the County's right to re-assign employees.
County Won
City of Romulus
The arbitrator sustained the discharge of a laborer.
City Won
City of Romulus
The arbitrator reduced the discharge of two firefighters to a ten month unpaid suspension.
Split Decision
City of Wyandotte
The arbitrator sustained the termination of a firefighter.
City Won
City of Wyandotte
The arbitrator denied the Union’s argument that three command officers were entitled to overtime pay for testifying on behalf of the Union in a Police and Fire Commission Trial Board hearing.
City Won
City of Wyandotte
The arbitrator sustained the Police Department’s three day suspension of a patrol officer.
City Won
City of Wyandotte
The arbitrator sustained the Police Department’s one day suspension of a patrol officer.
City Won
City of Wyandotte
The arbitrator sustained the Police Department administration’s
right to require patrol officers to remain on their assigned beats, until authorized to leave their beat.
City Won
City of Wyandotte
The arbitrator reversed the City’s decision to terminate a firefighter,
but reinstated him without back pay.
Split Decision
City of Wyandotte
The arbitrator denied the Union’s argument that it was entitled to an
automatic wage increase based on the patrol officers’ contract.
City Won
City of Wyandotte
The arbitrator ruled that the City did not need to fill the Assistant
Fire Chief position.
City Won
City of Wyandotte
The arbitrator ruled that the City did not violate the contract during
its snow plow operations.
City Won
City of Wyandotte
The arbitrator sustained the discipline issued to a police officer.
City Won
City of Wyandotte
The arbitrator denied the Union’s demand that the Fire Chief be paid the same wages as the Police Chief.
City Won
City of Lathrup Village
The arbitrator reinstated a police officer without ten months' back pay.
Split Decision
City of Lathrup Village
The arbitrator reinstated the command officer without without twelve months' back pay.
Split Decision
City of Mt. Morris
The arbitrator reinstated the police officer with back pay.
City Lost
City of Northville
The arbitrator ruled that a dispute over a tentative agreement has to be resolved by MERC.
City Won
City of Northville
The arbitrator ruled that the City properly filled a non-Union position.
City Won
City of Northville
The arbitrator ruled that the police officer was properly suspended.
City Won
City of Northville
The arbitrator ruled that the City properly filled the vacancy.
City Won
City of Northville
The arbitrator ruled that the City had the right to advance an employee on the wage scale.
City Won
City of Northville
The arbitrator ruled that he would not order that a new collective bargaining agreement was invalid.
City Won
Lake Erie Transportation Commission
The arbitrator ruled that the employer properly terminated the employee for lying about an accident.
Employer Won
Lake Erie Transportation Commission
The arbitrator ruled that the employer properly discharged a bus driver for tardiness and granted him three days' back pay for a second grievance.
Employer Won
Lake Erie Transportation Commission
The arbitrator ruled that the employer property terminated a driver for tardiness.
Employer Won
Lake Erie Transportation Commission
The arbitrator ruled that the employer properly discharged a (different) bus driver for tardiness. 
Employer Won

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Litigation

Grosse Pointe District Library
Eighteen current employees sued the Library claiming that they should be included in the City of Harper Woods' Retirement System.  The Library filed a motion to dismiss the lawsuit, which was granted by the judge.
Library Won
City of Wyandotte
Eleven former police chiefs, deputy chiefs and inspectors and their spouses sued the City claiming a contractual entitlement to reimbursement of Medicare premiums.  The City filed a motion to dismiss the lawsuit, which was granted by the judge.  The Michigan Court of Appeals upheld the dismissal of the case.
City Won
City of Wyandotte
A former command officer sued the City claiming constitutional violations for the City's denial for claimed pension benefits.  At an early state of the litigation, the Court dismissed the lawsuit in the City's favor.
City Won
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MERC Decisions

 
Lake Erie Transportation Commission
A terminated employee filed an unfair labor practice charge alleging the Commission retaliated against him for testifying in a prior MERC hearing.
Commission Won
Lake Erie Transportation Commission
A current employee filed an unfair labor practice charge alleging the Commission retaliated against him for past Union activity.  Both the Administrative Law Judge and Michigan Employment Relations Commission (MERC) dismissed the Charge and upheld the employer's decision.
Commission Won
City of Wyandotte
MERC ruled that the City did not have an obligation to bargain over pension benefits in the last year of the contract.
City Won
City of Wyandotte
MERC ruled that a clerical employee could not be represented by the Firefighters' Union.
City Won
Cheboygan County
MERC ruled that the corrections officers were not eligible for Act 312 arbitration.
County Won
Gross Pointe Library - and - MEA
MERC ruled that the Library did not have to add substitute librarians to the bargaining unit.
Library Won
City of Northville - and - COAM
The arbitrator ruled that a dispute over a tentative agreement had to be resolved by MERC.
City Won
   

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