Bill Text: MI HB5576 | 2013-2014 | 97th Legislature | Engrossed
Bill Title: Labor; arbitration; basis for certain local government arbitration awards; include financial information submitted under the Michigan financial review commission act. Amends sec. 9 of 1969 PA 312 (MCL 423.239).
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2014-07-16 - Assigned Pa 189'14 With Immediate Effect [HB5576 Detail]
Download: Michigan-2013-HB5576-Engrossed.html
HB-5576, As Passed Senate, June 3, 2014
SUBSTITUTE FOR
HOUSE BILL NO. 5576
A bill to amend 1969 PA 312, entitled
"An act to provide for compulsory arbitration of labor disputes in
municipal police and fire departments; to define such public
departments; to provide for the selection of members of arbitration
panels; to prescribe the procedures and authority thereof; and to
provide for the enforcement and review of awards thereof,"
by amending section 9 (MCL 423.239), as amended by 2011 PA 116.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
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
employment under the proposed new or amended agreement are in
dispute, the arbitration panel shall base its findings, opinions,
and order upon the following factors:
(a) The financial ability of the unit of government to pay.
All of the following shall apply to the arbitration panel's
determination of the ability of the unit of government to pay:
(i) The financial impact on the community of any award made by
the arbitration panel.
(ii) The interests and welfare of the public.
(iii) All liabilities, whether or not they appear on the balance
sheet of the unit of government.
(iv) Any law of this state or any directive issued under the
local
government and school district fiscal accountability act,
2011
PA 4, MCL 141.1501 to 141.1531, local
financial stability and
choice act, 2012 PA 436, MCL 141.1541 to 141.1575, that places
limitations on a unit of government's expenditures or revenue
collection.
(b) The lawful authority of the employer.
(c) Stipulations of the parties.
(d) Comparison of the wages, hours, and conditions of
employment of the employees involved in the arbitration proceeding
with the wages, hours, and conditions of employment of other
employees performing similar services and with other employees
generally in both of the following:
(i) Public employment in comparable communities.
(ii) Private employment in comparable communities.
(e) Comparison of the wages, hours, and conditions of
employment of other employees of the unit of government outside of
the bargaining unit in question.
(f) The average consumer prices for goods and services,
commonly known as the cost of living.
(g) The overall compensation presently received by the
employees, including direct wage compensation, vacations, holidays,
and other excused time, insurance and pensions, medical and
hospitalization benefits, the continuity and stability of
employment, and all other benefits received.
(h) Changes in any of the foregoing circumstances while the
arbitration proceedings are pending.
(i) Other factors that are normally or traditionally taken
into consideration in the determination of wages, hours, and
conditions of employment through voluntary collective bargaining,
mediation, fact-finding, arbitration, or otherwise between the
parties, in the public service, or in private employment.
(j) If applicable, a written document with supplementary
information relating to the financial position of the local unit of
government that is filed with the arbitration panel by a financial
review commission as authorized under the Michigan financial review
commission act.
(2) The arbitration panel shall give the financial ability of
the unit of government to pay the most significance, if the
determination is supported by competent, material, and substantial
evidence.
