SB-1072, As Passed Senate, February 10, 2010

SUBSTITUTE FOR

SENATE BILL NO. 1072

     A bill to amend 1969 PA 312, entitled

"An act to provide for compulsory arbitration of labor disputes in

municipal police and fire departments; to define such public

departments; to provide for the selection of members of arbitration

panels; to prescribe the procedures and authority thereof; and to

provide for the enforcement and review of awards thereof,"

by amending sections 2, 3, 5, 6, 8, and 10 (MCL 423.232, 423.233,

423.235, 423.236, 423.238, and 423.240).

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 2. (1) Public police and fire departments means any

department of a city, county, village, or township, or any

authority, district, board, or any other entity created in whole or

in part by the authorization of 1 or more of those governing

bodies, whether created by statute, ordinance, contract,

resolution, delegation, or any other mechanism, having employees

engaged as policemen police officers, or in fire fighting or

subject to the hazards thereof; , emergency medical service

personnel employed by a police or fire department; , or an

emergency telephone operator employed by a police or fire

department.

     (2) Emergency medical service personnel for purposes of this

act includes a person who provides assistance at dispatched or

observed medical emergencies occurring outside a recognized medical

facility including instances of heart attack, stroke, injury

accidents, electrical accidents, drug overdoses, imminent

childbirth, and other instances where there is the possibility of

death or further injury; initiates stabilizing treatment or

transportation of injured from the emergency site; and notifies

police or interested departments of certain situations encountered

including criminal matters, poisonings, and the report of

contagious diseases. Emergency telephone operator for the purpose

of this act includes a person employed by a police or fire

department for the purpose of relaying emergency calls to police,

fire, or emergency medical service personnel.

     (3) This act shall does not apply to persons employed by a

private emergency medical service company who work under a contract

with a governmental unit or personnel working in an emergency

service organization whose duties are solely of an administrative

or supporting nature and who are not otherwise qualified under

subsection (2).

     Sec. 3. (1) 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

mediator and the employment relations commission.

     (2) Upon receipt of a written request for binding arbitration,

the mediator shall, in consultation with the parties, create and

transmit to both parties a list of each of the issues in dispute.

Within 30 days after receipt of the written request, the parties

shall meet with the mediator to present in writing and explain

proposed contract language to resolve each issue, including any

issues previously discussed by the parties but omitted from the

mediator's list, and to engage in any further discussion or

negotiation as the parties agree. Except in cases in which the

parties agree to a longer period because of continuing

negotiations, the mediator shall transmit the final list of issues

in dispute and both parties' proposed contract language to the

employment relations commission for hearing no more than 14 days

after receiving the written proposed contract language. The parties

retain the right to meet and negotiate, with or without the

mediator, to attempt to resolve some or all of the disputed issues

at any time before the arbitration panel issues an award pursuant

to this act.

     Sec. 5. (1) Within 7 days of a request from 1 or both parties

receiving a list of issues in dispute and proposed contract

language from the mediator pursuant to section 3, the employment

relations commission shall select from its panel of arbitrators, as

provided in subsection (2), 3 persons as nominees for impartial

arbitrator or chairman of the arbitration panel. Within 5 days

after the selection each party may peremptorily strike the name of

1 of the nominees. Within 7 days after this 5-day period, the

commission shall designate 1 of the remaining nominees as the

impartial arbitrator or chairman of the arbitration panel.

     (2) The employment relations commission shall establish and

appoint a panel of arbitrators, who shall be 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 the 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 the effective date of the amendatory act that added this

subsection.

     Sec. 6. Upon the appointment of the arbitrator, he or she

shall proceed to act as chairman chair 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 chairman chair shall

preside over the hearing and shall take testimony. Upon application

and for good cause shown, and upon such terms and conditions as

that are just, a person, labor organization, or governmental unit

having a substantial interest therein in the matter may be granted

leave to intervene by the arbitration panel. Any oral or

documentary evidence and other data deemed relevant by the

arbitration panel considers relevant may be received in evidence.

The proceedings shall be informal. Technical rules of evidence

shall not apply and do not impair the competency of the evidence.

shall not thereby be deemed impaired. 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 shall are

not be necessary for a decision by the arbitration panel. The

expense of the proceedings, including a fee to the chairman chair,

established in advance by the labor mediation board shall be borne

equally by each of the parties to the dispute. and the state. 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 , unless otherwise agreed by the parties, shall

be concluded within 30 days of the time of its commencement. Its If

the parties agree, the chair may extend the time for the conclusion

of the hearing to no more than 180 days from the time the hearing

commences. The arbitration panel's majority actions and rulings

shall constitute the actions and rulings of the arbitration panel.

     Sec. 8. A hearing held pursuant to section 6 shall arbitrate

the merits of the issues identified by the mediator and submitted

to the employment relations commission pursuant to section 3 only.

At or before the conclusion of the hearing, held pursuant to

section 6, the arbitration panel shall identify the economic issues

in dispute, and direct each of the parties to submit, within such a

time limit as the panel shall prescribe the chair prescribes, to

the arbitration panel chair and to each other its last offer of

settlement on each economic issue. The determination of the

arbitration panel as to the issues in dispute and as to which of

these the issues are economic shall be is conclusive. The

arbitration panel, within 30 days after the conclusion of the

hearing, or such further additional periods to which the parties

may agree, Within 30 days of the conclusion of the hearing, or if

the parties agree to an extension, within 90 days of the conclusion

of the hearing, the arbitration panel shall make written findings

of fact and promulgate a written opinion and order upon the issues

presented to it and upon the record made before it, and shall mail

or otherwise deliver a true copy thereof of the opinion to the

parties and their representatives and to the employment relations

commission. As to each economic issue, the arbitration panel shall

adopt the last offer of settlement which that, 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. This section as amended shall be

applicable only to arbitration proceedings initiated under section

3 on or after January 1, 1973.

     Sec. 10. A majority decision of the arbitration panel, if

supported by competent, material, and substantial evidence on the

whole record, shall be final and binding upon the parties, and may

be enforced, at the instance of either party or of the arbitration

panel in the circuit court for the county in which the dispute

arose or in which a majority of the affected employees reside. The

commencement of a new municipal fiscal year after the initiation of

arbitration procedures under this act, but before the arbitration

decision, or its enforcement, shall not be deemed to does not

render a dispute moot , or to otherwise impair the jurisdiction or

authority of the arbitration panel or its decision. Increases in

rates of compensation or other benefits may be awarded

retroactively to the commencement of any period(s) period or

periods in dispute, any other statute or charter provisions to the

contrary notwithstanding. At any time the parties, by stipulation,

may amend or modify an award of arbitration.