Michigan Compiled Laws

Mich. Comp. Laws § 423.238 (2026)

Identification of economic issues in dispute; submission and adoption of settlement offers; findings, opinion, and order.

✓ current as of July 2026

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COMPULSORY ARBITRATION OF LABOR DISPUTES IN POLICE AND FIRE DEPARTMENTS

Act 312 of 1969

423.238 Identification of economic issues in dispute; submission and adoption of settlement offers; findings, opinion, and order.

Sec. 8.

The arbitration panel shall identify the economic issues in dispute and direct each of the parties to submit to the arbitration panel and to each other its last offer of settlement on each economic issue before the beginning of the hearing. The determination of the arbitration panel as to the issues in dispute and as to which of these issues are economic is conclusive. The arbitration panel, within 30 days after the conclusion of the hearing, or within up to 60 additional days at the discretion of the chair, shall make written findings of fact and promulgate a written opinion and order. As to each economic issue, the arbitration panel shall adopt the last offer of settlement which, 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.

History: 1969, Act 312, Eff. Oct. 1, 1969 ;-- Am. 1972, Act 127, Imd. Eff. May 4, 1972 ;-- 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

Cited in 17 cases (2 in the last 5 years), 1974–2023 · 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 22× “MCL 423.238; *453 MSA 17.455(38). Additionally, evidentiary guidelines are detailed the onus, of course, being on the parties to introduce supporting evidence MCL 423.”

Dearborn Fire Fighters Union Local No 412 v. City of Dearborn, 231 N.W.2d 226 (Mich. 1975). · cites it 9× “MCLA 423.238; MSA 17.455(38). The statute includes specific standards to which the arbitration panel must refer in rendering its decision.”

Detroit Fire Fighters Ass'n v. City of Detroit, 753 N.W.2d 579 (Mich. 2008). · cites it 2× “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 service requirements, all of which affected both firefighter safety and mandatory subjects of…”

Police Officers Ass'n v. Ottawa Cnty. Sheriff, 263 Mich. App. 358 (Mich. Ct. App. 2004). · cites it 10× “” The panel’s majority opinion cites MCL 423.238, as well as 1999 AC, R 423.505 and R 423.”

Police Officers Ass'n v. Ottawa Cnty. Sheriff, 694 N.W.2d 757 (Mich. Ct. App. 2004). · cites it 10× “” The panel’s majority cited MCL 423.238, as well as 1999 AC, R 423.505 and 423.”

Virgin Islands Nursing Ass'n's Bargaining Unit v. Dr. Roy L. Schneider, Comm'r of Health, & Dep't of Health, 668 F.2d 221 (3rd Cir. 1981). “The Virgin Islands legislature could have framed a statute to provide that the arbitration panel must make “written findings of fact and promulgate a written opinion.”

City of Alpena v. Alpena Fire Fighters Ass'n, 224 N.W.2d 672 (Mich. Ct. App. 1974). · cites it 2× “Specifically, the city claims the panel failed to (1) make findings of fact as required by MCLA 423.238; MSA 17.455(38); (2) base its decision on the criteria set out in MCLA 423.”

NAACP v. Detroit Police Officers Ass'n (DPOA), 591 F. Supp. 1194 (E.D. Mich. 1984). “§ 423.238. The arbitrators have no discretion in this regard and must accept one of the parties "last best offers.”

City of Saginaw v. Michigan Law Enf't Union, Teamsters Local 129, 358 N.W.2d 356 (Mich. Ct. App. 1984). “The salary schedules, attached to the agreement, result from statutory arbitration pursuant to MCL 423.238; MSA 17.455(38). Article VII mandates that layoffs "shall be made under the provisions of Act 78 of the Public Acts of 1935, as amended”.”

City of Portsmouth v. Ass'n of Portsmouth Teachers, 597 A.2d 1063 (N.H. 1991). “, Mich. Comp. Laws Ann. §§ 423.238 and 423.”

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…”

Werdlow v. Detroit Policemen & Firemen Ret. Sys. Bd. of Trs., 711 N.W.2d 404 (Mich. Ct. App. 2006). · cites it 2× “MCL 423.238. "The determination of the arbitration panel as to the issues in dispute and as to which of these issues are economic shall be conclusive.”

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