HOUSE BILL No. 5429


     December 9, 1997, Introduced by Rep. Goschka and referred to the Committee on Labor and Occupational Safety.


        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 and 3 (MCL 423.231 and

   423.233).

               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  PUBLIC police and fire departments AND

 4    COUNTY ROAD COMMISSIONS; to  define such public departments 

 5    PROVIDE CERTAIN DEFINITIONS; to provide for the selection of mem-

 6    bers of arbitration panels; to prescribe the procedures and

 7    authority  thereof  OF ARBITRATION PANELS; and to provide for the




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 1    enforcement and review of awards  thereof  OF ARBITRATION

 2    PANELS.

 3         Sec. 1.  It is the public policy of this state  that in

 4     public police and fire departments, where the right of employees

 5     to strike is by law prohibited, it is requisite to the high

 6     morale of such employees and the efficient operation of such

 7     departments  to afford an alternate, expeditious, effective, and

 8    binding procedure for the resolution of disputes IN PUBLIC POLICE

 9    AND FIRE DEPARTMENTS AND IN COUNTY ROAD COMMISSIONS, WHERE THE

10    RIGHT OF EMPLOYEES TO STRIKE IS PROHIBITED BY LAW, and to  that

11     end  ENSURE THE HIGH MORALE OF THOSE EMPLOYEES AND THE EFFICIENT

12    OPERATION OF PUBLIC POLICE AND FIRE DEPARTMENTS AND COUNTY ROAD

13    COMMISSIONS, the provisions of this act  , providing for 

14    GOVERNING compulsory arbitration  ,  shall be liberally

15    construed.

16         Sec. 3.  (1)  Whenever in the course of mediation of a

17     public police or fire department employee's dispute, except a

18     dispute concerning the interpretation or application of an exist-

19     ing agreement (a "grievance" dispute), the  IF A LABOR dispute

20    THAT IS THE SUBJECT OF MEDIATION has not been resolved to the

21    agreement of both parties within 30 days  of  AFTER the submis-

22    sion of the dispute to mediation, or within  such  further addi-

23    tional periods to which the parties  may  agree,  the employees

24     or employer  EITHER PARTY may initiate binding arbitration pro-

25    ceedings by MAKING A prompt WRITTEN request  therefor, in

26     writing,  FOR BINDING ARBITRATION to the other,  with  AND





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 1    PROVIDING A copy OF THE REQUEST to the employment relations

 2    commission.

 3         (2) AS USED IN THIS SECTION, "LABOR DISPUTE" MEANS A DIS-

 4    AGREEMENT BETWEEN AN EMPLOYEE OF A PUBLIC POLICE OR FIRE DEPART-

 5    MENT, OR AN EMPLOYEE OF A COUNTY ROAD COMMISSION, AND THAT

 6    INDIVIDUAL'S EMPLOYER.  LABOR DISPUTE DOES NOT INCLUDE A DIS-

 7    AGREEMENT RELATING TO THE INTERPRETATION OR APPLICATION OF AN

 8    EXISTING AGREEMENT (A "GRIEVANCE" DISPUTE).








































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