AAFMCC, Association of Adjunct Faculty of Macomb Community College, AFT Local 6533
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AAFMCC BARGAINING UPDATE

Back-to-School bargaining FAQs #2

8/28/2018

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Are there any consequences to working without a contract?  Does The College still need to uphold the old contract even though it is expired?

After a contract expires, an employer is legally obligated to “maintain the conditions of the current contract, including both written agreements and consistent past practices, as they relate to wages, hours and working conditions” per the Michigan Public Employees Relations Act. However, there are a certain things an employer may refuse to continue:

  1. An employer can refuse to arbitrate grievances filed after a contract expires, except those that concern events or rights that occurred before expiration.
  2. An employer can can refuse to use payroll deduction to collect dues.
  3. It is illegal for the employer to give retroactive raises to public employees in the State of Michigan.
  4. For public employee unions, after the steps of mediation and fact finding, where it is determined that both parties are at an impasse, an employer may implement its “last best” offer. There is a mandatory 60 day period where parties can continue to negotiate between the results of fact finding and the last best offer being imposed.
                                  
Currently, we expect the college will continue business as usual with regard to policies and practices. We are also not at an impasse and look forward to negotiations this fall.

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