SENATE BILL No. 397

 

 

May 24, 2011, Introduced by Senators JONES, NOFS and RICHARDVILLE and referred to the Committee on Government Operations.

 

 

 

     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 sections 2, 3, 5, 6, 8, 9, and 10 (MCL 423.232,

 

423.233, 423.235, 423.236, 423.238, 423.239, and 423.240).

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 2. (1) Public As used in this act, "public police and or

 

fire departments department employee" means any department employee

 

of a city, county, village, or township, having employees 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 policemen 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.

 

     (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 shall 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).

 

     Sec. 3. (1) 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 the

 

submission of the dispute to mediation, or within such further

 

additional periods to which the parties may agree, the employees or

 

employer may initiate binding arbitration proceedings by prompt

 

request, therefor, in writing, to the other, with copy to the

 

mediator and the employment relations commission.

 

     (2) Upon receipt of a written request for binding arbitration,

 

the mediator shall, in consultation with the parties, create and

 

transmit to both parties a list of each of the issues in dispute.

 

Within 30 days after receipt of the written request, the parties

 

shall meet with the mediator to present in writing and explain

 

proposed contract language to resolve each issue, including any

 

issues previously discussed by the parties but omitted from the

 

mediator's list, and to engage in any further discussion or

 

negotiation as the parties agree. Except in cases in which the

 

parties agree to a longer period because of continuing

 

negotiations, the mediator shall transmit the final list of issues


 

in dispute and both parties' proposed contract language to the

 

employment relations commission for hearing not more than 14 days

 

after receiving the written proposed contract language. The parties

 

retain the right to meet and negotiate, with or without the

 

mediator, to attempt to resolve some or all of the disputed issues

 

at any time before the arbitration panel issues an award pursuant

 

to this act.

 

     Sec. 5. (1) Within 7 days of a request from 1 or both parties

 

receiving a list of issues in dispute and proposed contract

 

language from the mediator pursuant to section 3, the employment

 

relations commission shall select from its panel of arbitrators, as

 

provided in subsection (2), 3 persons as nominees for impartial

 

arbitrator or chairman of the arbitration panel. Within 5 days

 

after the selection each party may peremptorily strike the name of

 

1 of the nominees. Within 7 days after this 5-day period, the

 

commission shall designate 1 of the remaining nominees as the

 

impartial arbitrator or chairman chair of the arbitration panel.

 

     (2) The employment relations commission shall establish and

 

appoint a panel of arbitrators, who shall be known as the Michigan

 

employment relations commission panel of arbitrators. The

 

commission shall appoint members for indefinite terms. Members

 

shall be impartial, competent, and reputable citizens of the United

 

States and residents of the state, and shall qualify by taking and

 

subscribing the constitutional oath or affirmation of office. The

 

commission may at any time appoint additional members to the panel

 

of arbitrators, and may remove existing members without cause.

 

     (3) The employment relations commission shall establish the


 

qualifications and training that are necessary for an individual to

 

serve as the chair of an arbitration panel under this act. The

 

commission may waive the qualifications and training requirements

 

for an individual who has served as a commission-appointed chair of

 

an arbitration panel in an arbitration proceeding under this act

 

before the effective date of the amendatory act that added this

 

subsection.

 

     Sec. 6. Upon the appointment of the arbitrator under section

 

5, he or she shall proceed to act as chairman chair of the panel of

 

arbitration, call a hearing, to begin within 15 days, and give

 

reasonable notice of the time and place of the hearing. The

 

chairman chair shall preside over the hearing and shall take

 

testimony. Upon application and for good cause shown, and upon such

 

terms and conditions as that are just, a person, labor

 

organization, or governmental unit having a substantial interest

 

therein in the matter may be granted leave to intervene by the

 

arbitration panel. Any oral or documentary evidence and other data

 

deemed relevant by the arbitration panel considers relevant may be

 

received in evidence. The proceedings shall be informal. Technical

 

rules of evidence shall do not apply and do not impair the

 

competency of the evidence. shall not thereby be deemed impaired. A

 

verbatim record of the proceedings shall be made, and the

 

arbitrator chair shall arrange for the necessary recording service.

 

Transcripts may be ordered at the expense of the party ordering

 

them, but the transcripts shall are not be necessary for a decision

 

by the arbitration panel. The expense of the proceedings, including

 

a fee to the chairman chair, established in advance by the labor


 

mediation board shall be borne equally by each of the parties to

 

the dispute. and the state. The delegates, if public officers or

 

employees, shall continue on the payroll of the public employer at

 

their usual rate of pay. The hearing conducted by the arbitration

 

panel may be adjourned from time to time, but , unless otherwise

 

agreed by the parties, shall be concluded within 30 days of the

 

time of its commencement. Its If the parties agree, the chair may

 

extend the time for concluding the hearing to no more than 180 days

 

from the time the hearing commences. The arbitration panel's

 

majority actions and rulings shall constitute the actions and

 

rulings of the arbitration panel.

 

     Sec. 8. At a hearing held pursuant to section 6, the

 

arbitrator shall address the merits of only the issues identified

 

by the mediator and submitted to the employment relations

 

commission pursuant to section 3. At or before the conclusion of

 

the hearing, held pursuant to section 6, the arbitration panel

 

shall identify the economic issues in dispute , and direct each of

 

the parties to submit, within such a time limit as the panel shall

 

prescribe the chair prescribes, to the arbitration panel chair and

 

to each other its last offer of settlement on each economic issue.

 

The determination of the arbitration panel as to the issues in

 

dispute and as to which of these the issues are economic shall be

 

is conclusive. The arbitration panel, within 30 days after the

 

conclusion of the hearing, or such further additional periods to

 

which the parties may agree, Within 30 days after the conclusion of

 

the hearing, or if the parties agree to an extension, within 90

 

days after the conclusion of the hearing, the arbitration panel


 

shall make written findings of fact and promulgate incorporated in

 

a written opinion and order upon the issues presented to it and

 

upon the record made before it, and shall mail or otherwise deliver

 

a true copy thereof of the opinion to the parties and their

 

representatives and to the employment relations commission. As to

 

each economic issue, the arbitration panel shall adopt the last

 

offer of settlement which that, in the opinion of the arbitration

 

panel, more nearly complies with the applicable factors prescribed

 

in section 9. The findings, opinions, and order as to all other

 

issues shall be based upon the applicable factors prescribed in

 

section 9. This section as amended shall be applicable only to

 

arbitration proceedings initiated under section 3 on or after

 

January 1, 1973.

 

     Sec. 9. Where there is no agreement between the parties, or

 

where there is an agreement but the parties If the parties have no

 

collective bargaining agreement or have begun negotiations or

 

discussions looking to a new agreement or amendment of to amend 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, as applicable:

 

     (a) The financial ability of the unit of government to meet

 

these costs.

 

     (b) (a) The lawful authority of the employer.

 

     (c) (b) Stipulations of the parties.

 

     (d) (c) The interests and welfare of the public. and the

 

financial ability of the unit of government to meet those costs.


 

     (e) (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:

 

     (i) In public employment in comparable communities.

 

     (ii) In private employment in comparable communities.

 

     (f) Comparison of the wages, hours, and conditions of

 

employment of other employees of the unit of government outside of

 

the bargaining unit that is subject to arbitration.

 

     (g) (e) The average consumer prices for goods and services,

 

commonly known as the cost of living.

 

     (h) (f) 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.

 

     (i) (g) Changes in any of the foregoing circumstances during

 

the pendency of the arbitration proceedings.

 

     (j) (h) Such other factors, not confined to the foregoing,

 

which 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.

 

     Sec. 10. A majority decision of the arbitration panel, if

 

supported by competent, material, and substantial evidence on the


 

whole record, shall be is final and binding upon the parties, and

 

may be enforced, at the instance of either party or of the

 

arbitration panel in the circuit court for the county in which the

 

dispute arose or in which a majority of the affected employees

 

reside. The commencement of a new municipal fiscal year after the

 

initiation of arbitration procedures under this act, but before the

 

arbitration decision, or its enforcement, shall not be deemed to

 

does not render a dispute moot , or to otherwise impair the

 

jurisdiction or authority of the arbitration panel or its decision.

 

Increases in rates of compensation or other benefits may be awarded

 

retroactively to the commencement of any period(s) period or

 

periods in dispute, any other statute or charter provisions to the

 

contrary notwithstanding. At any time the parties, by stipulation,

 

may amend or modify an award of arbitration.