Bill Text: MI HB5820 | 2021-2022 | 101st Legislature | Introduced
Bill Title: Labor: arbitration; compulsory arbitration of labor disputes; expand to include all public employees. Amends title & secs. 1 & 2 of 1969 PA 312 (MCL 423.231 & 423.232) & adds sec. 15. TIE BAR WITH: HJR O'22
Spectrum: Partisan Bill (Democrat 43-0)
Status: (Introduced - Dead) 2022-02-24 - Bill Electronically Reproduced 02/23/2022 [HB5820 Detail]
Download: Michigan-2021-HB5820-Introduced.html
HOUSE BILL NO. 5820
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 the title and sections 1 and 2 (MCL 423.231 and 423.232), section 2 as amended by 2011 PA 116, and by adding section 15.
the people of the state of michigan enact:
An act to provide for compulsory arbitration of labor disputes in municipal police and fire departments; to define such public departments; for public employees; 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.
Sec. 1. It is the public policy of this state that in public police and fire departments, where the for public employees, whose 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 public entities to afford an alternate, expeditious, effective, and binding procedure for the resolution of disputes, and to that end the provisions of this act, providing for compulsory arbitration, shall be liberally construed.
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 in whole or in part by the authorization of 1 or more cities, counties, villages, or townships, whether created by statute, ordinance, contract, resolution, delegation, or any other mechanism, who is engaged as a police officer, or in fire fighting or subject to the hazards thereof; emergency medical service personnel employed by a public police or fire department; or an emergency telephone operator, but only if directly employed by a public police or fire department. Public police and fire department employee does not include any of the following:
(a) An employee of a community college.
(b) An employee of a metropolitan district created under 1939 PA 147, MCL 119.51 to 119.62.
(c) An emergency telephone operator employed by a 911 authority or consolidated dispatch center.
(d) An employee of an authority that is in existence on June 1, 2011, unless the employee is represented by a bargaining representative on that date or a contract in effect on that date specifically provides the employee with coverage under this act. An exclusion under this subdivision terminates if the authority composition changes to include an additional governmental unit or portion of a governmental unit. This subdivision does not apply to terminate an exclusion created under subdivisions (a) to (c).
(2) "Emergency medical service personnel" for purposes of this act includes a person who provides assistance at dispatched or observed medical emergencies occurring outside a recognized medical facility including instances of heart attack, stroke, injury accidents, electrical accidents, drug overdoses, imminent childbirth, and other instances where there is the possibility of death or further injury; initiates stabilizing treatment or transportation of injured from the emergency site; and notifies police or interested departments of certain situations encountered including criminal matters, poisonings, and the report of contagious diseases. "Emergency telephone operator" for the purpose of this act includes a person employed by a police or fire department for the purpose of relaying emergency calls to police, fire, or emergency medical service personnel.
(3) This act does not apply to persons employed by a private emergency medical service company who work under a contract with a governmental unit or personnel working in an emergency service organization whose duties are solely of an administrative or supporting nature and who are not otherwise qualified under subsection (2).a public employee as that term is defined in section 1 of 1947 PA 336, MCL 423.201.
Sec. 15. An award issued by an arbitration panel under this act that involves an employee in the classified state civil service does not take effect unless the award is approved by the civil service commission.
Enacting section 1. This amendatory act does not take effect unless Senate Joint Resolution ____ or House Joint Resolution O (request no. 04923'21) of the 101st Legislature becomes a part of the state constitution of 1963 as provided in section 1 of article XII of the state constitution of 1963.
