423.231 Compulsory arbitration in police and fire departments; policy. Sec. 1. It is the public policy of this state that in public police and fire departments, where the right of employees to strike is by law prohibited, it is requisite to the high morale of such employees and the efficient operation of such departments to […]
423.232 “Public police or fire department employee,”“emergency medical service personnel,” and “emergency telephone operator” defined; provisions inapplicable to certain persons. Sec. 2. (1) As used in this act, “public police or fire department employee” means any employee of a city, county, village, or township, or of any authority, district, board, or any other entity created […]
423.233 Initiation of binding arbitration proceedings; request. Sec. 3. Whenever in the course of mediation of a public police or fire department employee’s dispute, except a dispute concerning the interpretation or application of an existing agreement (a “grievance” dispute), the dispute has not been resolved to the agreement of both parties within 30 days of […]
423.234 Delegates; selection; notice. Sec. 4. Within 10 days thereafter, the employer shall choose a delegate and the employees’ designated or selected exclusive collective bargaining representative, or if none, their previously designated representative in the prior mediation and fact-finding procedures, shall choose a delegate to a panel of arbitration as provided in this act. The […]
423.235 Selection and designation of impartial arbitrator or chairman of arbitration panel; Michigan employment relations commission panel of arbitrators; appointment, terms, qualifications, and removal of members; qualifications and training for service as chair of arbitration panel. Sec. 5. (1) Within 7 days of a request from 1 or both parties, the employment relations commission shall […]
423.236 Arbitrator; duties; hearing; intervenors; evidence; record; expenses; actions and rulings. Sec. 6. The arbitrator shall act as chair of the panel of arbitration, call and begin a hearing within 15 days after appointment, and give reasonable notice of the time and place of the hearing. The chair shall preside over the hearing and shall […]
423.237 Oaths; subpoenas; failure to obey, contempt of court. Sec. 7. The arbitration panel may administer oaths, require the attendance of witnesses, and the production of such books, papers, contracts, agreements and documents as may be deemed by it material to a just determination of the issues in dispute, and for such purpose may issue […]
423.237a Remanding dispute for further collective bargaining. Sec. 7a. At any time before the rendering of an award, the chairman of the arbitration panel, if he is of the opinion that it would be useful or beneficial to do so, may remand the dispute to the parties for further collective bargaining for a period not […]
423.238 Identification of economic issues in dispute; submission and adoption of settlement offers; findings, opinion, and order. Sec. 8. The arbitration panel shall identify the economic issues in dispute and direct each of the parties to submit to the arbitration panel and to each other its last offer of settlement on each economic issue before […]
423.239 Findings, opinions, and orders; factors considered; financial ability of governmental unit to pay. Sec. 9. (1) If the parties have no collective bargaining agreement or the parties have an agreement and have begun negotiations or discussions looking to a new agreement or amendment of the existing agreement and wage rates or other conditions of […]
423.240 Majority decision of arbitration panel final and binding; enforcement; effect of new municipal fiscal year; awarding increased rates or benefits retroactively; amending or modifying award of arbitration. Sec. 10. A majority decision of the arbitration panel, if supported by competent, material, and substantial evidence on the whole record, shall be final and binding upon […]
423.241 Violation of lawful enforcement order; penalty. Sec. 11. Where an employee organization recognized pursuant to Act No. 336 of the Public Acts of 1947, as amended, as the bargaining representative of employees subject to this act, willfully disobeys a lawful order of enforcement by a circuit court pursuant to section 10, or willfully encourages […]
423.242 Judicial review; scope; stay. Sec. 12. Orders of the arbitration panel shall be reviewable by the circuit court for the county in which the dispute arose or in which a majority of the affected employees reside, but only for reasons that the arbitration panel was without or exceeded its jurisdiction; the order is unsupported […]
423.243 Existing conditions; continuance, change. Sec. 13. During the pendency of proceedings before the arbitration panel, existing wages, hours and other conditions of employment shall not be changed by action of either party without the consent of the other but a party may so consent without prejudice to his rights or position under this act. […]
423.244 Act supplementary. Sec. 14. This act shall be deemed as supplementary to Act No. 336 of the Public Acts of 1947, as amended, being sections 423.201 to 423.216 of the Compiled Laws of 1948, and does not amend or repeal any of its provisions; but any provisions thereof requiring fact-finding procedures shall be inapplicable […]
423.245 Repealed. 1975, Act 3, Imd. Eff. Mar. 25, 1975. Compiler’s Notes: The repealed section contained an expiration provision.Popular Name: Act 312
423.246 Violations of act; imprisonment prohibited. Sec. 16. No person shall be sentenced to a term of imprisonment for any violation of the provisions of this act or an order of the arbitration panel. History: 1969, Act 312, Eff. Oct. 1, 1969 Constitutionality: This act is clearly constitutional. Local 1277, Metropolitan Council No 23, American […]
423.247 Effective date. Sec. 17. This act shall become effective on October 1, 1969. History: 1969, Act 312, Eff. Oct. 1, 1969 Constitutionality: This act is clearly constitutional. Local 1277, Metropolitan Council No 23, American Federation of State, County and Municipal Employees, AFL-CIO v City of Center Line, 414 Mich 642; 327 NW2d 822 (1982).Popular […]
