Effective September 1, 2017, Steven Schwartz is merging his firm, Steven H. Schwartz & Associates, P.L.C. with Keller Thoma, P.C. and will become a partner in that firm.  Mr. Schwartz continues his practice as an employment and labor relations attorney, and as an arbitrator.  For further information, please go to the Keller Thoma website.

Recent Cases & Outcomes

Our firm has successfully managed employment-related lawsuits for over twenty-five years.  Types of lawsuits include:

  • Age, race, or sex discrimination
  • Contractual obligations
  • Discriminatory hiring and promotion practices
  • Non-compete Agreements
  • Overtime violations
  • Sexual Harassment
  • Unpaid sales commission
  • Wrongful discharge

Client confidentiality concerns prevent us from listing all of our cases; however, the following is a partial listing of published cases we have handled.

Employment Law Cases and Labor Law Cases:

Act 312 Arbitration   | Grievance Arbitration | LitigationMERC Decisions

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)
LABOR LAW CASES
Steven H. Schwartz & Associates represented the cities in the cases below:


RECENT MUNICIPAL RESULTS

CASE  RESULT
ACT 312 ARBITRATION
City of Romulus -and- POAM
The City won 8 of 13 issues, achieving, concessions in wages, pension, minimum manpower, health insurance, holiday pay and retiree health insurance.
City Won
City of Romulus -and- POLC (command officers) Settled
Genesee County -and- POAM (deputies) Settled
City of Wyandotte -and- POAM
The City won both pension issues.
City Won
City of Woodhaven -and- MAP
The City won seven of ten issues, including health insurance, prescription drugs for retirees and four out of the five years’ wages.
City Won
City of Trenton -and- MAP
The City won fifteen of the seventeen issues, including defined contribution pension, health insurance, and two out of three years’ wages.
City Won
City of Romulus -and- POLC
The City won 11 of 14 issues, including pension, promotions, health care cost and other containment issues.
City Won
City of Wyandotte -and- IAFF (fire fighters)
The City won two of three pension issues and eliminated the minimum manning requirement in the Contract.
City Won
City of Romulus -and- POAM (patrol officers) Settled
City of Lathrup Village -and- POLC (patrol officers)
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 Trenton -and- MAP (patrol officers)
The City won eight out of thirteen issues, including pension and health care cost containment for active employees and retirees.
City Won
City of Wyandotte -and- POLC (patrol officers)
The City won five out of seven issues, including wages, residency and a new defined contribution pension benefit for new hires.
City Won
City of Wyandotte -and- POLC (command officers)
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 -and- Firefighters Union
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 -and- POLC (patrol officers)
The City won all three issues (wages, residency and shift selection).
City Won
Cheboygan County -and- POLC (deputies and command officers)
The County won 4 out of 5 issues involving wages, retiree health insurance and pension.
County Won
City of Sylvan Lake -and- POLC
The City won the only issue, shift rotation.
City Won
City of Bloomfield Hills -and- POLC
The city lost the only issue in the arbitration, switching new hires to a defined contribution pension plan.
City Lost
City of Northville -and- POAM Settled
City of Huntington Woods -and- AFSCME Settled
City of Northville -and- MAPE (fact-finding) Settled
Grosse Pointe Library -and- MEA (fact-finding) Library Won

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GRIEVANCE ARBITRATION

City of Westland -and- AFSCME
The arbitrator upheld the City’s right to subcontract motor pool work.
City Won
City of Westland -and- IAFF
The arbitrator upheld the City’s denial of Medicare Premium reimbursements.
City Won
City of Westland -and- AFSCME
The arbitrator upheld the City’s right to reassign bargaining unit work.
City Won
City of Westland -and- AFSCME
The arbitrator upheld the City’s denial of requested increased pension benefits.
City Won
Genesee County -and- AFSCME
The arbitrator upheld the discharge of an employee.
City Won
Genesee County -and- POAM
The arbitrator upheld the discharge of a corrections deputy.
City Won
Genesee County -and- AFSCME
The arbitrator upheld the discipline of an employee and the County’s policy.
County Won
Genesee County -and- Non-Union employee
The arbitrator reduced the termination of a supervisor to an eleven month unpaid suspension.
Split Decision
Genesee County -and- POAM
The arbitrator upheld the discipline of a corrections officer.
County Won
Genesee County -and- POAM
The arbitrator sustained a four day suspension of a deputy.
County Won
Genesee County -and- POAM
The arbitrator sustained the discharge of a deputy.
County Won
Genesee County -and- AFSCME
The arbitrator sustained the discharge of a command officer.
County Won
Genesee County -and- TPOAM
The arbitrator ruled that the County had the right to subcontract bargaining unit work.
County Won
Genesee County -and- POAM
The arbitrator upheld the County’s shift assignment.
County Won
Genesee County -and- POAM
The arbitrator upheld the County’s refusal to provide light duty work.
County Won
Genesee County -and- Non-Union employee
The arbitrator upheld the termination of a non-union employee.
County Won
City of Romulus -and- Teamsters
The arbitrator ruled that the city could use volunteers, but could not subcontract in the manner it did.
Split Decision
City of Romulus -and- IAFF
The arbitrator ruled the City correctly administered its substitution policy.
City Won
City of Romulus -and- POLC
The arbitrator reduced a demotion to reinstatement, without back pay.
Split Decision
City of Romulus -and- POLC
The arbitrator reduced a demotion to reinstatement, without back pay.
Split Decision
City of Romulus -and- IAFF
The arbitrator sustained the City’s three-day suspension of Firefighter.
City Won
City of Romulus -and- Teamsters
The arbitrator ruled that the City promoted the wrong applicant.
City Lost
City of Romulus -and- Teamsters
The arbitrator reinstated a DPW employee without back pay.
Split Decision
City of Romulus -and- COAM
The arbitrator sustained the City’s administration of vacation selection days.
City Won
City of Romulus -and- COAM
The arbitrator sustained the City’s administration of leave days off.
City Won
City of Romulus -and- IAFF
The arbitrator reduced the discharge of two firefighters to a ten month unpaid suspension.
Split Decision
City of Wyandotte -and- POAM
The arbitrator sustained the termination of a patrol officer.
City Won
City of Wyandotte -and- IAFF
The arbitrator sustained the termination of a firefighter.
City Won
City of Wyandotte -and- POLC (command officers)
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 -and- POLC (patrol officers)
The arbitrator sustained the Police Department’s three day suspension of a patrol officer.
City Won
City of Wyandotte -and- POLC (patrol officers)
The arbitrator sustained the Police Department’s one day suspension of a patrol officer.
City Won
City of Wyandotte -and- POLC (patrol officers)
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 -and- Firefighters Union
The arbitrator reversed the City’s decision to terminate a firefighter, but reinstated him without back pay.
Split Decision
City of Wyandotte -and- POLC (command officers)
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 -and- Firefighters Union
The arbitrator ruled that the City did not need to fill the Assistant Fire Chief position.
City Won
City of Wyandotte -and- AFSCME
The arbitrator ruled that the City did not violate the contract during its snow plow operations.
City Won
City of Wyandotte -and- POLC (patrol officers)
The arbitrator sustained the discipline issued to a police officer.
City Won
City of Wyandotte -and- Firefighters Union
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 -and- POLC
The arbitrator reinstated a police officer without ten months’ back pay.
Split Decision
City of Lathrup Village -and- POLC
The arbitrator reinstated the command officer without twelve months’ back pay.
Split Decision
City of Mt. Morris -and- POLC
The arbitrator reinstated the police officer with back pay.
City Lost
City of Northville -and- POAM
The arbitrator ruled that a dispute over a tentative agreement had to be resolved by MERC.
City Won
City of Northville -and- MAPE
The arbitrator ruled that the City properly filled a non-Union position.
City Won
City of Northville -and- POAM
The arbitrator ruled that the police officer was properly suspended.
City Won
City of Northville -and- MAPE
The arbitrator ruled that the City properly filled the vacancy.
City Won
Lake Erie Transportation Commission -and- Steelworkers Union
The arbitrator ruled that the employer properly terminated the employee for lying about an accident.
Employer Won
Lake Erie Transportation Commission -and- Steelworkers Union
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 -and- Steelworkers Union
The arbitrator ruled that the employer properly terminated a driver for tardiness.
Employer Won
Lake Erie Transportation Commission -and- Steelworkers Union
The arbitrator ruled that the employer properly discharged a (different) bus driver for tardiness.
Employer Won
City of Woodhaven -and- POAM/MAPE
The arbitrator ruled that the City had not properly assigned overtime.
City Lost
City of Woodhaven -and- COAM
The arbitrator ruled in favor of the City’s administration of sick leave.
City Won
City of Woodhaven -and- MAPE/COAM
The arbitrator ruled that the City properly offered overtime in some cases and denied overtime in other cases.
Split Decision
City of Woodhaven -and- MAPE
The arbitrator reduced the discipline of a police officer from five to three days.
Split Decision
City of Bay City -and- IAFF
The arbitrator upheld the City’s secondary employment policy.City of Bay City -and- IAFF
The arbitrator upheld the City’s social media policy. 

 

 City Won

 

 City Won


LITIGATION

Frazier v. 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
Decker v. 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
Clark v. 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 stage of the litigation, the Court dismissed the lawsuit in the City’s favor.
City Won
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MERC DECISIONS

Genesee County  -and- AFSCME
The Union challenged the County’s right to appoint employees to non-union positions.
Settled
City of Trenton  -and- AFSCME
The Union challenged the City’s declaration of impasse
over retiree health insurance benefits
Pending
Jack Fleeman -and- 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.
Employer Won
Jack Fleeman -and- 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.
Employer Won
City of Wyandotte -and- COAM (command officers)
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 -and- Firefighters Union
MERC ruled that a clerical employee could not be represented by the Firefighters’ Union.
City Won
Cheboygan County -and- POLC
MERC ruled that the corrections officers were not eligible for Act 312 arbitration.
County Won
Grosse 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.
Pending
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