COMPULSORY ARBITRATION OF LABOR DISPUTES IN POLICE AND FIRE DEPARTMENTS
Act 312 of 1969
423.232 Definitions; provisions inapplicable to certain persons employed by a private emergency medical service company.
Sec. 2.
(1) As used in this act:
(a) "Emergency medical service personnel" 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.
(b) "Emergency telephone operator" 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.
(c) "Institution of higher education" means any of the following:
(i) An institution of higher education described in section 4 or 6 of article VIII of the state constitution of 1963.
(ii) A community or junior college described in section 7 of article VIII of the state constitution of 1963.
(d) "Public police or fire department employee" means any employee of a city, county, village, township, or institution of higher education, 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, townships, or institutions of higher education, whether created by statute, ordinance, contract, resolution, delegation, or any other mechanism, who is engaged as a police officer or in firefighting or who is subject to the hazards thereof; a corrections officer employed by a county sheriff in a county jail, work camp, or other facility maintained by a county and that houses adult prisoners; 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 or fire department employee does not include any of the following:
(i) An employee of a metropolitan district created under 1939 PA 147, MCL 119.51 to 119.62.
(ii) An emergency telephone operator employed by a 9-1-1 authority or consolidated dispatch center.
(iii) 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 subparagraph terminates if the authority composition changes to include an additional governmental unit or a portion of a governmental unit. This subparagraph does not terminate an exclusion created under subparagraphs (i) to (iii).
(2) 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 (1)(a).
History: 1969, Act 312, Eff. Oct. 1, 1969 ;-- Am. 1976, Act 203, Eff. Mar. 31, 1977 ;-- Am. 1977, Act 303, Imd. Eff. Jan. 3, 1978 ;-- Am. 2011, Act 116, Imd. Eff. July 20, 2011 ;-- Am. 2023, Act 171, Eff. Jan. 22, 2024
Constitutionality Notes:
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).
PopularName Notes:
Act 312
Notes of Decisions
City of Detroit v. Detroit Police Officers Ass'n, 294 N.W.2d 68 (Mich. 1980).
· cites it 4× “231; defines the parties to whom it is and is not applicable, MCL 423.232; establishes specific time limits circumscribing arbitral initiation and resolution, MCL 423.”
In Re Petition of Metro. Council 23, 280 N.W.2d 600 (Mich. Ct. App. 1979).
· cites it 5× “Act 312 defines those employees eligible for compulsory arbitration, MCL 423.232; MSA 17.455(32), but does not specify whether MERC or the courts should have initial authority to decide which employees fall within that definition.”
Lincoln Park Det. Officers v. City of Lincoln Park, 256 N.W.2d 593 (Mich. Ct. App. 1977).
· cites it 2× “” 1 MCLA 423.232; MSA 17.455(32). "Sec. 3. Whenever in the course of mediation of a public police or fire department employee’s dispute, the dispute has not been resolved to the agreement of both parties within 30 days of the submission of the dispute to mediation and…”
City of Detroit v. Detroit Fire Fighters Ass'n, Local 344, 517 N.W.2d 240 (Mich. Ct. App. 1994).
· cites it 2× “Detroit also averred that the bargaining unit included members who were not eligible for Act 312 arbitration because they did not fit within the parameters of MCL 423.232; MSA 17.455(32). Despite Detroit’s objections, the Act 312 arbitration proceedings went forward.”
Local 214, Teamsters v. City of Detroit, 283 N.W.2d 722 (Mich. Ct. App. 1979).
· cites it 4× “MCL 423.232; MSA 17.455(32) defines "public police and fire department", to which the compulsory arbitration act applies, as follows: "any department of a city, county, village or township having employees engaged as policemen, or in fire fighting or subject to the hazards…”
Ypsilanti Police Officers Ass'n v. E. Michigan Univ., 233 N.W.2d 497 (Mich. Ct. App. 1975).
“” MCLA 423.232; MSA 17.455(32). "Whenever in the course of mediation of a public police or fire department employee’s dispute, the dispute has not been resolved to the agreement of both parties within 30 days of the submission of the dispute to mediation and fact-finding, or…”
Capitol City Lodge No. 141 v. Ingham Cnty. Bd. of Commissioners, 399 N.W.2d 463 (Mich. Ct. App. 1986).
“” MCL 423.232(1); MSA 17.455(32)(1). The statute reflects the Legislature’s concern that employees of public police and fire departments, who provide vital services to their communities and who are prohibited by law from striking, have a binding procedure for resolution of labor…”
Police Officers Ass'n v. Lake Cnty., 455 N.W.2d 375 (Mich. Ct. App. 1990).
· cites it 2× “es 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…”
— Mich. Comp. Laws § 423.232(1) — 5 cases
In Re Petition of Metro. Council 23, 280 N.W.2d 600 (Mich. Ct. App. 1979).
“Act 312 defines those employees eligible for compulsory arbitration, MCL 423.232; MSA 17.455(32), but does not specify whether MERC or the courts should have initial authority to decide which employees fall within that definition.”
Capitol City Lodge No. 141 v. Ingham Cnty. Bd. of Commissioners, 399 N.W.2d 463 (Mich. Ct. App. 1986).
“” MCL 423.232(1); MSA 17.455(32)(1). The statute reflects the Legislature’s concern that employees of public police and fire departments, who provide vital services to their communities and who are prohibited by law from striking, have a binding procedure for resolution of labor…”
Police Officers Ass'n v. Lake Cnty., 455 N.W.2d 375 (Mich. Ct. App. 1990).
“es 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…”
— Mich. Comp. Laws § 423.232(3) — 1 case
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