HOUSE BILL No. 5176
December 8, 1999, Introduced by Reps. Switalski, Prusi, Wojno, Hale, Martinez, Kelly, Dennis, Basham, Julian, Woodward, Rivet, Richardville and Lemmons and referred to the Committee on Employment Relations, Training and Safety. A bill to provide for compulsory arbitration of labor dis- putes between county corrections officers and their employers; to provide for the selection of members of arbitration panels; to prescribe the procedures and authority of arbitration panels; and to provide for the enforcement and review of awards of those panels. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 Sec. 1. It is the public policy of this state that it is 2 requisite to the high morale of county corrections officers and 3 the efficient operation of county corrections facilities to 4 afford an alternate, expeditious, effective, and binding proce- 5 dure for the resolution of disputes, and to that end the provi- 6 sions of this act, providing for compulsory arbitration, shall be 7 liberally construed. 04623'99 DMS 2 1 Sec. 2. As used in this act: 2 (a) "County corrections facility" means any county jail or 3 other site used to house or detain individuals in the custody of 4 a county sheriff. 5 (b) "County corrections officer" means an individual 6 employed by or under the supervision of a county sheriff while 7 engaged in the management or control of individuals in the cus- 8 tody of that county sheriff. 9 (c) "Employment relations commission" means the commission 10 created in section 3 of 1939 PA 176, MCL 423.3. 11 Sec. 3. If in the course of mediation of a county correc- 12 tions officer's dispute, except a grievance dispute concerning 13 the interpretation or application of an existing agreement, the 14 dispute has not been resolved within 30 days of the submission of 15 the dispute to mediation, or within additional periods to which 16 the parties may agree, the employees or the employer may initiate 17 binding arbitration proceedings by a prompt request, in writing, 18 to the other, with a copy to the employment relations 19 commission. 20 Sec. 4. Within 10 days after the written request described 21 in section 3 is made, the employer shall choose a delegate and 22 the employees' designated or selected exclusive collective bar- 23 gaining representative, or if none, their previously designated 24 representative in the mediation and fact-finding procedures, 25 shall choose a delegate to a panel of arbitration as provided in 26 this act. The employer and the employees shall immediately 27 notify the other and the mediation board of their selections. 04623'99 3 1 Sec. 5. (1) Within 7 days after a request from 1 or both 2 parties, the employment relations commission shall select from 3 its panel of arbitrators, as provided in subsection (2), 3 per- 4 sons as nominees for impartial arbitrator or chairperson of the 5 arbitration panel. Within 5 days after the selection, each party 6 may peremptorily strike the name of 1 of the nominees. Within 7 7 days after this 5-day period, the commission shall designate 1 of 8 the remaining nominees as the impartial arbitrator or chairperson 9 of the arbitration panel. 10 (2) The employment relations commission shall provide a 11 panel of arbitrators, from the Michigan employment relations com- 12 mission panel of arbitrators created in section 5 of 1969 PA 312, 13 MCL 423.235, to be available to arbitrate labor disputes under 14 this act. 15 Sec. 6. Upon the appointment of the arbitrator, he or she 16 shall proceed to act as chairperson of the panel of arbitration, 17 call a hearing, to begin within 15 days after the appointment, 18 and give reasonable notice of the time and place of the hearing. 19 The chairperson shall preside over the hearing and shall take 20 testimony. Upon application and for good cause shown, and upon 21 such terms and conditions as are just, a person, labor organiza- 22 tion, or governmental unit having a substantial interest in the 23 arbitration may be granted leave to intervene by the arbitration 24 panel. Any oral or documentary evidence and other data deter- 25 mined relevant by the arbitration panel may be received in 26 evidence. The proceedings shall be informal. Technical rules of 27 evidence shall not apply, and the competency of the evidence is 04623'99 4 1 not impaired by a violation of a technical rule of evidence. A 2 verbatim record of the proceedings shall be made, and the arbi- 3 trator shall arrange for the necessary recording service. 4 Transcripts may be ordered at the expense of the party ordering 5 them, but the transcripts shall not be necessary for a decision 6 by the arbitration panel. The expense of the proceedings, 7 including a fee to the chairperson, established in advance by the 8 labor mediation board shall be borne equally by each of the par- 9 ties to the dispute and the county. The delegates, if public 10 officers or employees, shall continue on the payroll of the 11 public employer at their usual rate of pay. The hearing con- 12 ducted by the arbitration panel may be adjourned from time to 13 time, but, unless otherwise agreed by the parties, shall be con- 14 cluded within 30 days after the time of its commencement. The 15 majority actions and rulings of the arbitration panel shall con- 16 stitute the actions and rulings of the arbitration panel. 17 Sec. 7. The arbitration panel may administer oaths, require 18 the attendance of witnesses, and the production of books, papers, 19 contracts, agreements, and documents as the panel determines 20 material to a just determination of the issues in dispute, and 21 for purpose may issue subpoenas. If any person refuses to obey a 22 subpoena, or refuses to be sworn or to testify, or if any wit- 23 ness, party or attorney is guilty of any contempt while in 24 attendance at any hearing, the arbitration panel may, or the 25 attorney general if requested shall, invoke the aid of any cir- 26 cuit court within the jurisdiction in which the hearing is being 04623'99 5 1 held, which court shall issue an appropriate order. Any failure 2 to obey the order may be punished by the court as contempt. 3 Sec. 7a. At any time before the rendering of an award, the 4 chairperson of the arbitration panel, if he or she is of the 5 opinion that it would be useful or beneficial to do so, may 6 remand the dispute to the parties for further collective bargain- 7 ing for a period not to exceed 3 weeks. If the dispute is 8 remanded for further collective bargaining, the time provisions 9 of this act shall be extended for a time period equal to that of 10 the remand. The chairperson of the panel of arbitration shall 11 notify the employment relations commission of the remand. 12 Sec. 8. At or before the conclusion of the hearing held 13 pursuant to section 6, the arbitration panel shall identify the 14 economic issues in dispute, and direct each of the parties to 15 submit, within the time limit as the panel shall prescribe, to 16 the arbitration panel and to each other its last offer of settle- 17 ment on each economic issue. The determination of the arbitra- 18 tion panel as to the issues in dispute and as to which of these 19 issues are economic shall be conclusive. The arbitration panel, 20 within 30 days after the conclusion of the hearing, or further 21 additional periods to which the parties may agree, shall make 22 written findings of fact and issue a written opinion and order 23 upon the issues presented to it and upon the record made before 24 it, and shall mail or otherwise deliver a true copy of those 25 writings to the parties and their representatives and to the 26 employment relations commission. As to each economic issue, the 27 arbitration panel shall adopt the last offer of settlement which, 04623'99 6 1 in the opinion of the arbitration panel, more nearly complies 2 with the applicable factors prescribed in section 9. The find- 3 ings, opinions, and order as to all other issues shall be based 4 upon the applicable factors prescribed in section 9. 5 Sec. 9. Where there is no agreement between the parties, or 6 where there is an agreement but the parties have begun negotia- 7 tions or discussions for a new agreement or amendment of the 8 existing agreement, and wage rates or other conditions of employ- 9 ment under the proposed new or amended agreement are in dispute, 10 the arbitration panel shall base its findings, opinions, and 11 order upon the following factors, as applicable: 12 (a) The lawful authority of the employer. 13 (b) Stipulations of the parties. 14 (c) The interests and welfare of the public and the finan- 15 cial ability of the unit of government to meet those costs. 16 (d) Comparison of the wages, hours, and conditions of 17 employment of the employees involved in the arbitration proceed- 18 ing with the wages, hours, and conditions of employment of other 19 employees performing similar services and with other employees 20 generally: 21 (i) In public employment in comparable communities. 22 (ii) In private employment in comparable communities. 23 (e) The average consumer prices for goods and services, com- 24 monly known as the cost of living. 25 (f) The overall compensation presently received by the 26 employees, including direct wage compensation, vacations, 27 holidays and other excused time, insurance and pensions, medical 04623'99 7 1 and hospitalization benefits, the continuity and stability of 2 employment, and all other benefits received. 3 (g) Changes in any of the circumstances described in subdi- 4 visions (a) to (f) during the pendency of the arbitration 5 proceedings. 6 (h) Any other factor, which is normally or traditionally 7 taken into consideration in the determination of wages, hours, 8 and conditions of employment through voluntary collective bar- 9 gaining, mediation, fact-finding, arbitration, or otherwise 10 between the parties, in the public service or in private 11 employment. 12 Sec. 10. A majority decision of the arbitration panel, if 13 supported by competent, material, and substantial evidence on the 14 whole record, shall be final and binding upon the parties, and 15 may be enforced, at the instance of either party or of the arbi- 16 tration panel in the circuit court in the county in which the 17 dispute arose or in which a majority of the affected employees 18 reside. The commencement of a new municipal fiscal year after 19 the initiation of arbitration procedures under this act, but 20 before the arbitration decision, or its enforcement, does not 21 render a dispute moot, or otherwise impair the jurisdiction or 22 authority of the arbitration panel or its decision. Increases in 23 rates of compensation or other benefits may be awarded retroac- 24 tively to the commencement of any period in dispute, any other 25 statute or charter provisions to the contrary notwithstanding. 26 At any time the parties, by stipulation, may amend or modify an 27 award of arbitration. 04623'99 8 1 Sec. 11. Where an employee organization recognized under 2 1947 PA 336, MCL 423.201 to 423.217, as the bargaining represen- 3 tative of employees subject to this act, willfully disobeys a 4 lawful order of enforcement by a circuit court pursuant to sec- 5 tion 10, or willfully encourages or offers resistance to that 6 order, whether by a strike or otherwise, the punishment for each 7 day that the contempt persists may be a fine fixed in the discre- 8 tion of the court in an amount not to exceed $250.00 per day. A 9 public employer who is subject to 1947 PA 336, MCL 423.201 to 10 423.217, and who willfully disobeys a lawful order of enforcement 11 by the circuit court or willfully encourages or offers resistance 12 to the order is guilty of contempt and may be fined for each day 13 that the contempt persists an amount, fixed at the discretion of 14 the court, not to exceed $250.00 per day to be assessed against 15 the employer. 16 Sec. 12. Orders of the arbitration panel shall be review- 17 able by the circuit court in the county in which the dispute 18 arose or in which a majority of the affected employees reside, 19 but only for reasons that the arbitration panel was without or 20 exceeded its jurisdiction; the order is unsupported by competent, 21 material, and substantial evidence on the whole record; or the 22 order was procured by fraud, collusion, or other similar and 23 unlawful means. The pendency of the proceeding for review shall 24 not automatically stay the order of the arbitration panel. 25 Sec. 13. During the pendency of proceedings before the 26 arbitration panel, existing wages, hours, and other conditions of 27 employment shall not be changed by action of either party without 04623'99 9 1 the consent of the other but a party may consent without 2 prejudice to his or her rights or position under this act. 3 Sec. 14. This act is supplementary to 1947 PA 336, MCL 4 423.201 to 423.217, and does not amend or repeal any of its pro- 5 visions, but any provisions of that act requiring fact-finding 6 procedures shall be inapplicable to disputes subject to arbitra- 7 tion under this act. 8 Sec. 16. A person shall not be sentenced to a term of 9 imprisonment for any violation of this act or an order of the 10 arbitration panel. 04623'99 Final page. DMS