SENATE BILL NO. 714
September 21, 1999, Introduced by Senator GOSCHKA and referred to the Committee on Education. 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 arbitra- tion panels; to prescribe the procedures and authority thereof; and to provide for the enforcement and review of awards thereof," by amending the title and sections 1, 2, 3, and 10 (MCL 423.231, 423.232, 423.233, and 423.240). THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 TITLE 2 An act to provide for compulsory arbitration of labor dis- 3 putes in municipal police and fire departments AND THE PUBLIC 4 SCHOOLS; to define such public departments; to provide for the 5 selection of members of arbitration panels; to prescribe the pro- 6 cedures and authority thereof OF ARBITRATION PANELS; and to 7 provide for the enforcement and review of ARBITRATION awards. 8 thereof. 03012'99 TAV 2 1 Sec. 1. It is the public policy of this state that in 2 public police and fire departments AND IN THE PUBLIC SCHOOLS, 3 where IN WHICH the right of employees to strike is by law pro- 4 hibited, it is requisite to the high morale of such THOSE 5 employees and the efficient operation of such POLICE AND FIRE 6 departments AND SCHOOLS to afford an alternate, expeditious, 7 effective, and binding procedure for the resolution of disputes, 8 and to that end the provisions of this act, providing for compul- 9 sory arbitration, shall be liberally construed. 10 Sec. 2. (1) Public police and fire departments means any 11 department of a city, county, village, or township having employ- 12 ees engaged as policemen, or in fire fighting or subject to the 13 hazards thereof, emergency medical service personnel employed by 14 a police or fire department, or an emergency telephone operator 15 employed by a police or fire department. AS USED IN THIS ACT: 16 (A) (2) Emergency medical service personnel for purposes of 17 this act includes a person who provides "EMERGENCY MEDICAL SERV- 18 ICE PERSONNEL" MEANS EMPLOYEES WHO PROVIDE assistance at dis- 19 patched or observed medical emergencies occurring outside a rec- 20 ognized medical facility including instances of heart attack, 21 stroke, injury accidents, electrical accidents, drug overdoses, 22 imminent childbirth, and other instances where IN WHICH there 23 is the possibility of death or further injury; initiates 24 INITIATE stabilizing treatment or transportation of injured from 25 the emergency site; and notifies NOTIFY police or interested 26 departments of certain situations encountered including criminal 27 matters, poisonings, and the report of contagious diseases. 03012'99 3 1 Emergency telephone operator for the purpose of this act 2 includes MEDICAL SERVICE PERSONNEL DOES NOT INCLUDE A PERSON WHO 3 IS EMPLOYED BY A PRIVATE EMERGENCY MEDICAL SERVICE WORKING UNDER 4 A CONTRACT WITH A GOVERNMENTAL UNIT OR A PERSON WHO WORKS IN AN 5 EMERGENCY SERVICE ORGANIZATION WHOSE DUTIES ARE SOLELY OF AN 6 ADMINISTRATIVE OR SUPPORTING NATURE AND WHO DOES NOT OTHERWISE 7 MEET THE REQUIREMENTS OF THIS SUBDIVISION. 8 (B) "EMERGENCY TELEPHONE OPERATOR" MEANS a person employed 9 by a police or fire department for the purpose of relaying emer- 10 gency calls to police, fire, or emergency medical service 11 personnel. 12 (3) This act shall not apply to persons employed by a pri- 13 vate emergency medical service company who work under a contract 14 with a governmental unit or personnel working in an emergency 15 service organization whose duties are solely of an administrative 16 or supporting nature and who are not otherwise qualified under 17 subsection (2). 18 (C) "INTERMEDIATE SCHOOL DISTRICT" MEANS THAT TERM AS 19 DEFINED IN SECTION 4 OF THE REVISED SCHOOL CODE, 1976 PA 451, 20 MCL 380.4. 21 (D) "PUBLIC POLICE AND FIRE DEPARTMENTS" MEANS ANY DEPART- 22 MENT OF A CITY, COUNTY, VILLAGE, OR TOWNSHIP THAT HAS EMPLOYEES 23 ENGAGED AS POLICE OFFICERS OR FIRE FIGHTERS, OR HAS EMPLOYEES WHO 24 ARE SUBJECT TO THE HAZARDS OF FIRE FIGHTING. EMERGENCY MEDICAL 25 SERVICE PERSONNEL AND EMERGENCY TELEPHONE OPERATORS EMPLOYED BY A 26 POLICE OR FIRE DEPARTMENT ARE CONSIDERED EMPLOYEES OF POLICE AND 27 FIRE DEPARTMENTS WHO ARE SUBJECT TO THIS ACT. 03012'99 4 1 (E) "PUBLIC SCHOOL" MEANS A SCHOOL DISTRICT, INTERMEDIATE 2 SCHOOL DISTRICT, OR PUBLIC SCHOOL ACADEMY, OR A JOINT ENDEAVOR OR 3 CONSORTIUM CONSISTING OF ANY COMBINATION OF SCHOOL DISTRICTS, 4 INTERMEDIATE SCHOOL DISTRICTS, OR PUBLIC SCHOOL ACADEMIES. 5 (F) "PUBLIC SCHOOL ACADEMY" MEANS A PUBLIC SCHOOL ACADEMY 6 ORGANIZED UNDER PART 6A OF THE REVISED SCHOOL CODE, 1976 PA 451, 7 MCL 380.501 TO 380.507. 8 (G) "SCHOOL DISTRICT" MEANS THAT TERM AS DEFINED IN SECTION 9 6 OF THE REVISED SCHOOL CODE, 1976 PA 451, MCL 380.6, OR A LOCAL 10 ACT SCHOOL DISTRICT AS DEFINED IN SECTION 5 OF THE REVISED SCHOOL 11 CODE, 1976 PA 451, MCL 380.5. 12 Sec. 3. Whenever IF in the course of mediation of A DIS- 13 PUTE, OTHER THAN A GRIEVANCE DISPUTE, BETWEEN a public police or 14 fire department employee's dispute, except a dispute concerning 15 the interpretation or application of an existing agreement (a 16 "grievance" dispute) OR BETWEEN A PUBLIC SCHOOL AND ITS 17 EMPLOYEES, the dispute has not been resolved to the agreement of 18 both parties within 30 days of AFTER the submission of the dis- 19 pute to mediation, or within such further additional periods to 20 which the parties may agree, the employees or employer may initi- 21 ate binding arbitration proceedings UNDER THIS ACT by prompt 22 MAKING A WRITTEN request therefor, in writing, to the other , 23 with PARTY AND PROVIDING A copy to the employment relations 24 commission. AS USED IN THIS SECTION, "GRIEVANCE DISPUTE" MEANS A 25 DISPUTE CONCERNING THE INTERPRETATION OR APPLICATION OF AN EXIST- 26 ING AGREEMENT. 03012'99 5 1 Sec. 10. A majority decision of the arbitration panel, if 2 supported by competent, material, and substantial evidence on the 3 whole record, shall be IS final and binding upon the parties, 4 and may be enforced , at the instance of BY either party or 5 of BY the arbitration panel in the circuit court for the county 6 in which the dispute arose or in which a majority of the affected 7 employees reside. The commencement of a new municipal OR SCHOOL 8 fiscal year after the initiation of arbitration procedures under 9 this act, but before the arbitration decision , or its 10 enforcement OF THE ARBITRATION DECISION, shall DOES not be 11 deemed to render a dispute moot , or to otherwise impair the 12 jurisdiction or authority of the arbitration panel or its 13 decision. Increases in rates of compensation or other benefits 14 may be awarded retroactively to the commencement of any 15 period(s) PERIOD OR PERIODS in dispute, NOTWITHSTANDING any 16 other statute or charter provisions to the contrary. 17 notwithstanding. At any time the THE parties , by 18 stipulation, may STIPULATE TO amend or modify an award of arbi- 19 tration AT ANY TIME. 03012'99 Final page. TAV