Michigan Compiled Laws

Mich. Comp. Laws § 423.235 (2026)

Selection and designation of impartial arbitrator or chair of arbitration panel; Michigan employment relations commission panel of arbitrators; appointment, terms, qualifications, and removal of members; qualifications and training for service as chair of arbitration panel.

✓ current as of July 2026

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COMPULSORY ARBITRATION OF LABOR DISPUTES IN POLICE AND FIRE DEPARTMENTS

Act 312 of 1969

423.235 Selection and designation of impartial arbitrator or chair of arbitration panel; Michigan employment relations commission panel of arbitrators; appointment, terms, qualifications, and removal of members; qualifications and training for service as chair of arbitration panel.

Sec. 5.

(1) Not later than 7 days after a request from 1 or both parties, the employment relations commission shall select from its panel of arbitrators, as provided in subsection (2), 3 persons as nominees for impartial arbitrator or chair of the arbitration panel. Not later than 5 days after the selection, each party may peremptorily strike the name of 1 of the nominees. Not later than 7 days after this 5-day period, the commission shall designate 1 of the remaining nominees as the impartial arbitrator or chair of the arbitration panel.

(2) The employment relations commission shall establish and appoint a panel of arbitrators, 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 this 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 July 20, 2011.

History: 1969, Act 312, Eff. Oct. 1, 1969 ;-- Am. 1976, Act 84, Imd. Eff. Apr. 17, 1976 ;-- Am. 2011, Act 116, Imd. Eff. July 20, 2011 ;-- Am. 2023, Act 172, Imd. Eff. Oct. 24, 2023

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

Cited in 9 cases, 1972–2006 · leading case: City of Detroit v. Detroit Police Officers Ass'n, 294 N.W.2d 68 (Mich. 1980).

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City of Detroit v. Detroit Police Officers Ass'n, 294 N.W.2d 68 (Mich. 1980). · cites it 8× “" MCL 423.235; MSA 17.455(35). Subsequent to the Dearborn decision, § 5 was significantly amended by 1976 PA 84 , to provide the following: "(1) Within 7 days of a request from 1 or both parties [§ 4 delegate(s)], the employment relations commission shall select from its panel…”

Dearborn Fire Fighters Union Local No 412 v. City of Dearborn, 231 N.W.2d 226 (Mich. 1975). · cites it 10× “" MCLA 423.235; MSA 17.455(35). After the arbitrator is designated, the person so chosen becomes the functional decision-maker and presides over the arbitration hearing in accordance with §§ 6 and 7 of the act.”

Detroit Fire Fighters Assoc. v. City of Detroit, 293 N.W.2d 278 (Mich. 1980). “MCL 423.235; MSA 17.455(35). While the act authorizes informal proceedings, the making of a verbatim record is mandated.”

Dearborn Fire Fighters Union Local No 412, IAFF v. City of Dearborn, 201 N.W.2d 650 (Mich. Ct. App. 1972). · cites it 2× “" MCLA 423.235; MSA 17.455(35). It is obvious that until these steps have been followed an arbitration panel has yet to be constituted and therefore a portion of such a panel does not have the authority of the Legislature to act.”

Local 1518, Council No 55, Am. Fed'n of State, Cnty. & Mun. Employees v. St Clair Cnty. Sheriff, 281 N.W.2d 313 (Mich. 1979). “455(34), MCL 423.235; MSA 17.455(35). Section 7a, added by 1972 PA 127 , permits the chairman to "remand the dispute to the parties for further collective bargaining for a period not to exceed 3 weeks”.”

Grosse Pointe Farms Police Officers Ass'n v. Chairman of Michigan Emp. Relations Comm'n, 218 N.W.2d 801 (Mich. Ct. App. 1974). “A request was made of defendant Howlett to appoint an arbitrator pursuant to § 5 of the act, MCLA 423.235; MSA 17.455(35). Defendant denied this request on the grounds that the act was intended to cover only interest disputes and not grievance disputes.”

City of Portsmouth v. Ass'n of Portsmouth Teachers, 597 A.2d 1063 (N.H. 1991). “§ 4117.14 (D)(1) (Page 1991); III. Rev. Stat.”

Werdlow v. Detroit Policemen & Firemen Ret. Sys. Bd. of Trs., 711 N.W.2d 404 (Mich. Ct. App. 2006). · cites it 2× “MCL 423.235; MCL 423.236. The proceedings are informal, and the technical rules of evidence do not apply.”

Local 1277, Metro. Council No. 23 v. City of Ctr. Line, 283 N.W.2d 741 (Mich. Ct. App. 1979). “The city contends the act violates various provisions of the Michigan Constitution 5 because it delegates political power to a nonpolitical body and that municipalities are denied due process because the selection scheme of MCL 423.235; MSA 17.455(35) insures the chairman of the…”

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