In the latest significant development out of Michigan, where GEO 3550 is on strike for a better contract with the University of Michigan, a state administrative law judge has deemed their strike illegal. This is a separate legal proceeding from last week's injunctions (which were quashed by judge Carol Kuhnke) and pertains to an unfair labor practice filed by the University of Michigan, although the intended outcome–to quash the strike–is the same.
Specifically, judge David Peltz has found that the union has violated Article III of its own contract by striking–that article stating, in brief summary, that the union and its members will not intentionally obstruct the functions of the university. “By agreeing to Article III,” he writes, “the GEO is contractually obligated to refrain from causing, instigating, supporting or encouraging any ‘concerted interference with the operation of the University’ including the ‘failure, in whole or part, to fully, faithfully, and properly perform the duties of employment.’”
As a result of his finding, judge Peltz has recommended that GEO members be ordered return to work. However, it is important to stress that Peltz can only recommend this course of action: the Michigan Employment Relations Commission is the body empowered to decide such matters, and may or may not choose to act on Peltz's recommendation. In any case, the union has stated its intent to appeal his decision to the full commission–and whether the union will return to work in the event their appeal fails is another matter.