COMPULSORY ARBITRATION OF LABOR DISPUTES IN POLICE AND FIRE DEPARTMENTS
Act 312 of 1969
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 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 employment relations commission.
History: 1969, Act 312, Eff. Oct. 1, 1969 ;-- Am. 1977, Act 303, Imd. Eff. Jan. 3, 1978
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× “MCL 423.233; MSA 17.455(33). [23] Binding arbitration having been initiated, the following mechanism has been legislatively prescribed for the selection of three arbitration panel members.”
Gibraltar Sch. Dist. v. Gibraltar Mespa-Transp., 505 N.W.2d 214 (Mich. 1993).
· cites it 8× “It determined that an imbalance affected only certain types of public safety employees, whom it gave the right to interest arbitration in 1969 PA 312 ; MCL 423.233; MSA 17.455(33). It thus appears that the Legislature did not believe that a purported imbalance in other public…”
Ottawa Cnty. v. Jaklinski, 377 N.W.2d 668 (Mich. 1985).
· cites it 4× “l, instructing the parties to include among the issues to be briefed: (1) whether Michigan should adopt from federal labor law a rule that an employer's obligation to arbitrate grievances in a collective bargaining agreement lapses with the termination of the agreement and (2)…”
Lincoln Park Det. Officers v. City of Lincoln Park, 256 N.W.2d 593 (Mich. Ct. App. 1977).
“” MCLA 423.233; MSA 17.455(33). Plaintiff contends that § 2 merely defines police and fire departments, that the act applies unqualifiedly to all employees of such departments, that the detention officers in Lincoln Park are police department employees, and that plaintiff,…”
Flynn v. City of Fraser, 206 N.W.2d 448 (Mich. Ct. App. 1973).
“” See also the triggering provision, MCLA 423.233; MSA 17.455(33): "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…”
Mape v. Merc, 396 N.W.2d 473 (Mich. Ct. App. 1986).
· cites it 2× “Because no *540 mediation had occurred prior to the petition, as required by MCL 423.233; MSA 17.455(33), MERC assigned a mediator, and between November 14, 1984, and January 17, 1985, six mediation sessions were held, but no action was taken on AFSCME'S arbitration petition.”
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