HOUSE BILL No. 4213

 

February 7, 2007, Introduced by Reps. Agema, Meekhof, Opsommer, Acciavatti, Shaffer, Hoogendyk, Emmons, Marleau, Brandenburg, Pastor, Pearce, Knollenberg, Stahl, Garfield, Steil, Pavlov, Hansen and Huizenga and referred to the Committee on Labor.

 

     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 section 8 (MCL 423.238).

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 8. 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 time limit as the panel shall prescribe, to the

 

arbitration panel 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 issues are

 

economic shall be conclusive. The arbitration panel, within 30 days

 


after the conclusion of the hearing, or such further additional

 

periods to which the parties may agree, 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 to the parties and their

 

representatives and to the employment relations commission. As to

 

each economic issue, the arbitration panel shall may adopt the last

 

offer of settlement which of 1 party or a position within the range

 

established by the parties' last offers on the economic issue, if,

 

in the opinion of the arbitration panel, a compromise position 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.

 

The arbitration panel's power to adopt a compromise position on

 

economic issues applies to arbitration proceedings instituted after

 

March 1, 2008.