Unfair Labor Practice Notice
The employer must arbitrate.
Administrative Law Judge, Travis Calderwood, found that the University of Michigan Health System committed an unfair labor practice (ULP) and has ordered it to post a notice in conspicuous places on the UMHS premises for 30 days. The order states that the officers and agents will cease and desist from failing to fulfill their obligation, as established by the contract, to arbitrate grievances filed by the HOA.
This ULP was filed after the Health System refused to arbitrate over the non-ACGME Fellows, (aka Clinical Lecturers), being accreted into the bargaining unit. The HOA sought to add these non-ACGME Fellowship positions into the bargaining unit by virtue of a shared "community of interest." While the HOA is not able to add these positions, because they have been historically excluded for several years, the HOA did establish that these Clinical Lecturers shared a "community of interest" with the ACGME Fellowship positions, which are represented by the HOA.
Moving forward, in order for these non-ACGME Fellows to be represented by the HOA, these eighty or so Fellows would need to physically vote (by secret ballot) to be represented by the union. The HOA is currently exploring that option.