COMPULSORY ARBITRATION OF LABOR DISPUTES IN POLICE AND FIRE DEPARTMENTS
Act 312 of 1969
423.236 Arbitrator; duties; hearing; intervenors; evidence; record; expenses; actions and rulings.
Sec. 6.
The arbitrator shall act as chair of the panel of arbitration, call and begin a hearing within 15 days after appointment, and give reasonable notice of the time and place of the hearing. The chair shall preside over the hearing and shall take testimony. Upon application and for good cause shown, and upon terms and conditions that are just, the arbitration panel may grant leave to intervene to a person, labor organization, or governmental unit having a substantial interest in the matter. The arbitration panel may receive into evidence any oral or documentary evidence and other data it considers relevant. The proceedings shall be informal. Technical rules of evidence do not apply and do not impair the competency of the evidence. A verbatim record of the proceedings shall be made, and the arbitrator shall arrange for the necessary recording service. Transcripts may be ordered at the expense of the party ordering them but the transcripts are not necessary for a decision by the arbitration panel. The expense of the proceedings, including a fee to the chair, established in advance by the Michigan employment relations commission shall be borne equally by each of the parties to the dispute. 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 shall be concluded and any posthearing briefs filed within 180 days after it commences. Its majority actions and rulings shall constitute the actions and rulings of the arbitration panel.
History: 1969, Act 312, Eff. Oct. 1, 1969 ;-- Am. 2011, Act 116, Imd. Eff. July 20, 2011
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 8× “MCL 423.236; MSA 17.455(36). Also, unless either otherwise agreed or in the event the dispute has been remanded for further bargaining subject to a three-week limitation, MCL 423.”
Detroit Fire Fighters Ass'n v. City of Detroit, 753 N.W.2d 579 (Mich. 2008).
· cites it 2× “Plaintiff argued that unilateral implementation of the restructuring plan 3 MCL 423.236. 4 Id. 5 MCL 423.238. 5 violated the status quo provision of Act 312 because it required unilateral alteration of minimum staffing, job duties, seniority, parity, and emergency medical…”
Southfield Police Officers Ass'n v. Southfield, 445 N.W.2d 98 (Mich. 1989).
· cites it 2× “MCL 423.236; MSA 17.455(36). I would not conclude that the Legislature did not intend to make this a controlling consideration in categorizing bargaining issues as mandatory or permissive, nor am I able to conclude without further clarification from the MERC that the exclusivity…”
Detroit Fire Fighters Assoc. v. City of Detroit, 293 N.W.2d 278 (Mich. 1980).
“14 MCL 423.236; MSA 17.455(36). In addition, the majority decision of the arbitration panel is subject to review under the competent, material, and substantial evidence standard.”
City of Alpena v. Alpena Fire Fighters Ass'n, 224 N.W.2d 672 (Mich. Ct. App. 1974).
· cites it 2× “455(39); (3) make a verbatim record of the proceedings as required by MCLA 423.236; MSA 17.455(36); and (4) deliberate as a panel as contemplated by the entire act.”
Police Officers Ass'n v. Ottawa Cnty. Sheriff, 263 Mich. App. 358 (Mich. Ct. App. 2004).
“” Section 6, MCL 423.236, provides in relevant part: Upon the appointment of the arbitrator, he shall proceed to act as chairman of the panel of arbitration, call a hearing, to begin within 15 days.”
Detroit Fire Fighters Ass'n Iaff Local 344 v. City of Detroit, 753 N.W.2d 579 (Mich. 2008).
“[2] Section 1 of Act 312 provides, in pertinent part: "It is the public policy of this state that in public police and fire departments, where the right of employees to strike is by law prohibited, it is requisite to the high morale of such employees and the efficient operation…”
Police Officers Ass'n v. Ottawa Cnty. Sheriff, 694 N.W.2d 757 (Mich. Ct. App. 2004).
“4 Section 6, MCL 423.236, provides in relevant part: Upon the appointment of the arbitrator, he shall proceed to act as chairman of the panel of arbitration [and] call a hearing, to begin within 15 days.”
City of Detroit v. Detroit Police Officers Ass'n, 435 N.W.2d 799 (Mich. Ct. App. 1989).
“455(36) provides: Upon the appointment of the arbitrator, he shall proceed to act as chairman 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 hearing conducted by the arbitration…”
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