reglab/statecodes huggingface dataset:
2023 Michigan Compiled Laws › Chapter 423 - Labor Disputes and Employment Relations › Act 312 of 1969 - Compulsory Arbitration of Labor Disputes in Police and Fire Departments (423.231 - 423.247) › Section 423.236 - Arbitrator; Duties; Hearing; Intervenors; Evidence; Record; Expenses; Actions and Rulings.

423.236 Arbitrator; duties; hearing; intervenors; evidence; record; expenses; actions and rulings.
Sec. 6.
The arbitrator shall act as chair of the panel of arbitration, call and begin a hearing within 15 days after appointment, and give reasonable notice of the time and place of the hearing. The chair shall preside over the hearing and shall take testimony. Upon application and for good cause shown, and upon terms and conditions that are just, the arbitration panel may grant leave to intervene to a person, labor organization, or governmental unit having a substantial interest in the matter. The arbitration panel may receive into evidence any oral or documentary evidence and other data it considers relevant. The proceedings shall be informal. Technical rules of evidence do not apply and do not impair the competency of the evidence. 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 are not necessary for a decision by the arbitration panel. The expense of the proceedings, including a fee to the chair, established in advance by the Michigan employment relations commission shall be borne equally by each of the parties to the dispute. 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 shall be concluded and any posthearing briefs filed within 180 days after it commences. Its majority actions and rulings shall constitute the actions and rulings of the arbitration panel.
History:
1969, Act 312, Eff. Oct. 1, 1969 ;-- Am. 2011, Act 116, Imd. Eff. July 20, 2011
Constitutionality:
This act is clearly constitutional. Local 1277, Metropolitan Council No 23, American Federation of State, County and Municipal Employees, AFL-CIO v City of Center Line, 414 Mich 642; 327 NW2d 822 (1982).
Popular Name:
Act 312
2023 Michigan Compiled Laws › Chapter 423 - Labor Disputes and Employment Relations › Act 312 of 1969 - Compulsory Arbitration of Labor Disputes in Police and Fire Departments (423.231 - 423.247) › Section 423.237 - Oaths; Subpoenas; Failure to Obey, Contempt of Court.

423.237 Oaths; subpoenas; failure to obey, contempt of court.
Sec. 7.
The arbitration panel may administer oaths, require the attendance of witnesses, and the production of such books, papers, contracts, agreements and documents as may be deemed by it material to a just determination of the issues in dispute, and for such purpose may issue subpoenas. If any person refuses to obey a subpoena, or refuses to be sworn or to testify, or if any witness, party or attorney is guilty of any contempt while in attendance at any hearing, the arbitration panel may, or the attorney general if requested shall, invoke the aid of any circuit court within the jurisdiction in which the hearing is being held, which court shall issue an appropriate order. Any failure to obey the order may be punished by the court as contempt.
History:
1969, Act 312, Eff. Oct. 1, 1969
Constitutionality:
This act is clearly constitutional. Local 1277, Metropolitan Council No 23, American Federation of State, County and Municipal Employees, AFL-CIO v City of Center Line, 414 Mich 642; 327 NW2d 822 (1982).
Popular Name:
Act 312
2023 Michigan Compiled Laws › Chapter 423 - Labor Disputes and Employment Relations › Act 312 of 1969 - Compulsory Arbitration of Labor Disputes in Police and Fire Departments (423.231 - 423.247) › Section 423.237a - Remanding Dispute for Further Collective Bargaining.

423.237a Remanding dispute for further collective bargaining.
Sec. 7a.
At any time before the rendering of an award, the chair of the arbitration panel, if the chair is of the opinion that it would be useful or beneficial to do so, may remand the dispute to the parties for further collective bargaining for a period not to exceed 3 weeks. If the dispute is remanded for further collective bargaining, the time provisions of this act are extended for a time period equal to that of the remand. The chair of the panel of arbitration shall notify the employment relations commission of the remand.
History:
Add. 1972, Act 127, Imd. Eff. May 4, 1972 ;-- Am. 2023, Act 172, Imd. Eff. Oct. 24, 2023
Constitutionality:
This act is clearly constitutional. Local 1277, Metropolitan Council No 23, American Federation of State, County and Municipal Employees, AFL-CIO v City of Center Line, 414 Mich 642; 327 NW2d 822 (1982).
Popular Name:
Act 312
2023 Michigan Compiled Laws › Chapter 423 - Labor Disputes and Employment Relations › Act 312 of 1969 - Compulsory Arbitration of Labor Disputes in Police and Fire Departments (423.231 - 423.247) › Section 423.238 - Identification of Economic Issues in Dispute; Submission and Adoption of Settlement Offers; Findings, Opinion, and Order.

423.238 Identification of economic issues in dispute; submission and adoption of settlement offers; findings, opinion, and order.
Sec. 8.
The arbitration panel shall identify the economic issues in dispute and direct each of the parties to submit to the arbitration panel and to each other its last offer of settlement on each economic issue before the beginning of the hearing. The determination of the arbitration panel as to the issues in dispute and as to which of these issues are economic is conclusive. The arbitration panel, within 30 days after the conclusion of the hearing, or within up to 60 additional days at the discretion of the chair, shall make written findings of fact and promulgate a written opinion and order. As to each economic issue, the arbitration panel shall adopt the last offer of settlement which, 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.
History:
1969, Act 312, Eff. Oct. 1, 1969 ;-- Am. 1972, Act 127, Imd. Eff. May 4, 1972 ;-- Am. 2011, Act 116, Imd. Eff. July 20, 2011
Constitutionality:
This act is clearly constitutional. Local 1277, Metropolitan Council No 23, American Federation of State, County and Municipal Employees, AFL-CIO v City of Center Line, 414 Mich 642; 327 NW2d 822 (1982).
Popular Name:
Act 312
2023 Michigan Compiled Laws › Chapter 423 - Labor Disputes and Employment Relations › Act 312 of 1969 - Compulsory Arbitration of Labor Disputes in Police and Fire Departments (423.231 - 423.247) › Section 423.240 - Majority Decision of Arbitration Panel Final and Binding; Enforcement; Effect of New Municipal Fiscal Year; Awarding Increased Rates or Benefits Retroactively; Amending or Modifying Award of Arbitration.

423.240 Majority decision of arbitration panel final and binding; enforcement; effect of new municipal fiscal year; awarding increased rates or benefits retroactively; amending or modifying award of arbitration.
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 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) 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.
History:
1969, Act 312, Eff. Oct. 1, 1969 ;-- Am. 1977, Act 303, Imd. Eff. Jan. 3, 1978
Constitutionality:
This act is clearly constitutional. Local 1277, Metropolitan Council No 23, American Federation of State, County and Municipal Employees, AFL-CIO v City of Center Line, 414 Mich 642; 327 NW2d 822 (1982).
Popular Name:
Act 312
2023 Michigan Compiled Laws › Chapter 423 - Labor Disputes and Employment Relations › Act 312 of 1969 - Compulsory Arbitration of Labor Disputes in Police and Fire Departments (423.231 - 423.247) › Section 423.241 - Violation of Lawful Enforcement Order; Penalty.

423.241 Violation of lawful enforcement order; penalty.
Sec. 11.
Where an employee organization recognized pursuant to Act No. 336 of the Public Acts of 1947, as amended, as the bargaining representative of employees subject to this act, willfully disobeys a lawful order of enforcement by a circuit court pursuant to section 10, or willfully encourages or offers resistance to such order, whether by a strike or otherwise, the punishment for each day that such contempt persists, may be a fine fixed in the discretion of the court in an amount not to exceed $250.00 per day. Where an employer, as that term is defined by Act No. 336 of the Public Acts of 1947, as amended, willfully disobeys a lawful order of enforcement by the circuit court or willfully encourages or offers resistance to such order, the punishment for each day that such contempt persists may be a fine, fixed at the discretion of the court, an amount not to exceed $250.00 per day to be assessed against the employer.
History:
1969, Act 312, Eff. Oct. 1, 1969
Constitutionality:
This act is clearly constitutional. Local 1277, Metropolitan Council No 23, American Federation of State, County and Municipal Employees, AFL-CIO v City of Center Line, 414 Mich 642; 327 NW2d 822 (1982).
Popular Name:
Act 312
2023 Michigan Compiled Laws › Chapter 423 - Labor Disputes and Employment Relations › Act 312 of 1969 - Compulsory Arbitration of Labor Disputes in Police and Fire Departments (423.231 - 423.247) › Section 423.242 - Judicial Review; Scope; Stay.

423.242 Judicial review; scope; stay.
Sec. 12.
Orders of the arbitration panel shall be reviewable by the circuit court for the county in which the dispute arose or in which a majority of the affected employees reside, but only for reasons that the arbitration panel was without or exceeded its jurisdiction; the order is unsupported by competent, material and substantial evidence on the whole record; or the order was procured by fraud, collusion or other similar and unlawful means. The pendency of such proceeding for review shall not automatically stay the order of the arbitration panel.
History:
1969, Act 312, Eff. Oct. 1, 1969
Constitutionality:
This act is clearly constitutional. Local 1277, Metropolitan Council No 23, American Federation of State, County and Municipal Employees, AFL-CIO v City of Center Line, 414 Mich 642; 327 NW2d 822 (1982).
Popular Name:
Act 312
2023 Michigan Compiled Laws › Chapter 423 - Labor Disputes and Employment Relations › Act 312 of 1969 - Compulsory Arbitration of Labor Disputes in Police and Fire Departments (423.231 - 423.247) › Section 423.243 - Existing Conditions; Continuance, Change.

423.243 Existing conditions; continuance, change.
Sec. 13.
During the pendency of proceedings before the arbitration panel, existing wages, hours and other conditions of employment shall not be changed by action of either party without the consent of the other but a party may so consent without prejudice to his rights or position under this act.
History:
1969, Act 312, Eff. Oct. 1, 1969
Constitutionality:
This act is clearly constitutional. Local 1277, Metropolitan Council No 23, American Federation of State, County and Municipal Employees, AFL-CIO v City of Center Line, 414 Mich 642; 327 NW2d 822 (1982).
Popular Name:
Act 312
2023 Michigan Compiled Laws › Chapter 423 - Labor Disputes and Employment Relations › Act 312 of 1969 - Compulsory Arbitration of Labor Disputes in Police and Fire Departments (423.231 - 423.247) › Section 423.244 - Act Supplementary.

423.244 Act supplementary.
Sec. 14.
This act shall be deemed as supplementary to Act No. 336 of the Public Acts of 1947, as amended, being sections 423.201 to 423.216 of the Compiled Laws of 1948, and does not amend or repeal any of its provisions; but any provisions thereof requiring fact-finding procedures shall be inapplicable to disputes subject to arbitration under this act.
History:
1969, Act 312, Eff. Oct. 1, 1969
Constitutionality:
This act is clearly constitutional. Local 1277, Metropolitan Council No 23, American Federation of State, County and Municipal Employees, AFL-CIO v City of Center Line, 414 Mich 642; 327 NW2d 822 (1982).
Popular Name:
Act 312
2023 Michigan Compiled Laws › Chapter 423 - Labor Disputes and Employment Relations › Act 312 of 1969 - Compulsory Arbitration of Labor Disputes in Police and Fire Departments (423.231 - 423.247) › Section 423.245 - Repealed. 1975, Act 3, Imd. Eff. Mar. 25, 1975.

423.245 Repealed. 1975, Act 3, Imd. Eff. Mar. 25, 1975.
Compiler's Notes:
The repealed section contained an expiration provision.
Popular Name:
Act 312
2023 Michigan Compiled Laws › Chapter 423 - Labor Disputes and Employment Relations › Act 312 of 1969 - Compulsory Arbitration of Labor Disputes in Police and Fire Departments (423.231 - 423.247) › Section 423.246 - Violations of Act; Imprisonment Prohibited.

423.246 Violations of act; imprisonment prohibited.
Sec. 16.
No person shall be sentenced to a term of imprisonment for any violation of the provisions of this act or an order of the arbitration panel.
History:
1969, Act 312, Eff. Oct. 1, 1969
Constitutionality:
This act is clearly constitutional. Local 1277, Metropolitan Council No 23, American Federation of State, County and Municipal Employees, AFL-CIO v City of Center Line, 414 Mich 642; 327 NW2d 822 (1982).
Popular Name:
Act 312
2023 Michigan Compiled Laws › Chapter 423 - Labor Disputes and Employment Relations › Act 312 of 1969 - Compulsory Arbitration of Labor Disputes in Police and Fire Departments (423.231 - 423.247) › Section 423.247 - Effective Date.

423.247 Effective date.
Sec. 17.
This act shall become effective on October 1, 1969.
History:
1969, Act 312, Eff. Oct. 1, 1969
Constitutionality:
This act is clearly constitutional. Local 1277, Metropolitan Council No 23, American Federation of State, County and Municipal Employees, AFL-CIO v City of Center Line, 414 Mich 642; 327 NW2d 822 (1982).
Popular Name:
Act 312
2023 Michigan Compiled Laws › Chapter 423 - Labor Disputes and Employment Relations › Act 150 of 1962 - Solicitation of Strikebreakers (423.251 - 423.254) › Section 423.251 - Strikes or Lockouts; Employment of Strikebreakers Prohibited.

423.251 Strikes or lockouts; employment of strikebreakers prohibited.
Sec. 1.
No person, partnership, firm or corporation, or officer or agent thereof, involved in a strike or lockout shall knowingly employ in place of an employee involved in the strike or lockout any person who customarily and repeatedly offers himself for employment in the place of employees involved in a strike or lockout.
History:
1962, Act 150, Eff. Mar. 28, 1963
2023 Michigan Compiled Laws › Chapter 423 - Labor Disputes and Employment Relations › Act 150 of 1962 - Solicitation of Strikebreakers (423.251 - 423.254) › Section 423.252 - Strikes or Lockouts; Strikebreakers, Acceptance of Employment Prohibited.

423.252 Strikes or lockouts; strikebreakers, acceptance of employment prohibited.
Sec. 2.
No person who customarily and repeatedly offers himself for employment in place of employees involved in a strike or lockout shall take or offer to take the place in employment of employees involved in a strike or lockout.
History:
1962, Act 150, Eff. Mar. 28, 1963
2023 Michigan Compiled Laws › Chapter 423 - Labor Disputes and Employment Relations › Act 150 of 1962 - Solicitation of Strikebreakers (423.251 - 423.254) › Section 423.253 - Strikes or Lockouts; Hiring and Importing Strikebreakers Prohibited.

423.253 Strikes or lockouts; hiring and importing strikebreakers prohibited.
Sec. 3.
No person, partnership, firm or corporation, or officer or agent thereof, involved in a lawful strike or lockout shall hire and import or contract or arrange with any other person, partnership, agency, firm or corporation to hire and import from another state or country, for the purpose of strikebreaking, persons for employment in place of employees involved in the strike or lockout.
History:
1962, Act 150, Eff. Mar. 28, 1963 ;-- Am. 1965, Act 18, Eff. Mar. 31, 1966
2023 Michigan Compiled Laws › Chapter 423 - Labor Disputes and Employment Relations › Act 150 of 1962 - Solicitation of Strikebreakers (423.251 - 423.254) › Section 423.253a - Strikes or Lockouts; Solicitation or Advertisement for Employees, Referrals, Notice.

423.253a Strikes or lockouts; solicitation or advertisement for employees, referrals, notice.
Sec. 3a.
No person, partnership, agency, firm or corporation, or officer or agent thereof, shall recruit, solicit or advertise for employees, or refer persons to employment, in place of employees involved in a lawful strike or lockout, without adequate notice to the person, and in the advertisement, that there is a strike or lockout at the place at which employment is offered and that the employment offered is in place of employees involved in the strike or lockout.
History:
Add. 1965, Act 18, Eff. Mar. 31, 1966
2023 Michigan Compiled Laws › Chapter 423 - Labor Disputes and Employment Relations › Act 150 of 1962 - Solicitation of Strikebreakers (423.251 - 423.254) › Section 423.254 - Strikes or Lockouts; Penalty.

423.254 Strikes or lockouts; penalty.
Sec. 4.
Any person, partnership, agency, firm or corporation violating any provision of this act is guilty of a misdemeanor.
History:
1962, Act 150, Eff. Mar. 28, 1963
2023 Michigan Compiled Laws › Chapter 423 - Labor Disputes and Employment Relations › Act 17 of 1980 - Compulsory Arbitration of Labor Disputes of State Police Troopers and Sergeants (423.271 - 423.287) › Section 423.271 - Public Policy; Liberal Construction.

423.271 Public policy; liberal construction.
Sec. 1.
It is the public policy of this state that it is requisite for the high morale of state police troopers and sergeants, whose right to strike is prohibited by law, and for the efficient operation of the department, to afford an alternate, expeditious, effective, and binding procedure for the resolution of disputes, and to that end, this act, which provides for compulsory arbitration, shall be construed liberally.
History:
1980, Act 17, Imd. Eff. Feb. 24, 1980
2023 Michigan Compiled Laws › Chapter 423 - Labor Disputes and Employment Relations › Act 17 of 1980 - Compulsory Arbitration of Labor Disputes of State Police Troopers and Sergeants (423.271 - 423.287) › Section 423.272 - Definitions.

423.272 Definitions.
Sec. 2.
(1) "Department" means the department of state police.
(2) "Employees" means state police troopers, state police sergeants, or both, as applicable.
History:
1980, Act 17, Imd. Eff. Feb. 24, 1980
2023 Michigan Compiled Laws › Chapter 423 - Labor Disputes and Employment Relations › Act 17 of 1980 - Compulsory Arbitration of Labor Disputes of State Police Troopers and Sergeants (423.271 - 423.287) › Section 423.273 - Initiation of Binding Arbitration Proceedings; Conditions; Request.

423.273 Initiation of binding arbitration proceedings; conditions; request.
Sec. 3.
In the course of mediation of a labor agreement dispute of employees, except a grievance dispute concerning the interpretation or application of an existing labor agreement, if the dispute has not been resolved to the agreement of both parties within 30 days after the submission of the dispute to mediation, or within further additional periods to which the parties may agree, the department or the employees may initiate binding arbitration proceedings by making a prompt request for those proceedings in writing to the other party and by furnishing a copy of the request to the employment relations commission.
History:
1980, Act 17, Imd. Eff. Feb. 24, 1980
2023 Michigan Compiled Laws › Chapter 423 - Labor Disputes and Employment Relations › Act 17 of 1980 - Compulsory Arbitration of Labor Disputes of State Police Troopers and Sergeants (423.271 - 423.287) › Section 423.274 - Selection of Delegates to Arbitration Panel; Advising Department, Employees, and Mediation Board of Selections.

423.274 Selection of delegates to arbitration panel; advising department, employees, and mediation board of selections.
Sec. 4.
Within 10 days after a party has requested arbitration of a dispute, the department shall choose a delegate and the designated or selected exclusive collective bargaining representative of the employees, or if none, their previously designated representative in the prior mediation and fact-finding procedures, shall choose a delegate to an arbitration panel as provided in this act. The department and the employees immediately shall advise each other and the mediation board of their selections.
History:
1980, Act 17, Imd. Eff. Feb. 24, 1980
2023 Michigan Compiled Laws › Chapter 423 - Labor Disputes and Employment Relations › Act 17 of 1980 - Compulsory Arbitration of Labor Disputes of State Police Troopers and Sergeants (423.271 - 423.287) › Section 423.275 - Selection of Nominees for Impartial Arbitrator or Chairperson of Arbitration Panel; Peremptorily Striking Names; Designation of Impartial Arbitrator.

423.275 Selection of nominees for impartial arbitrator or chairperson of arbitration panel; peremptorily striking names; designation of impartial arbitrator.
Sec. 5.
Within 7 days after receipt of a request from 1 or both parties for arbitration of a dispute, the employment relations commission shall select from its panel of arbitrators, as provided in section 5 of Act No. 312 of the Public Acts of 1969, as amended, being section 423.235 of the Michigan Compiled Laws, 3 persons as nominees for impartial arbitrator or chairperson of the arbitration panel. Within 5 days after the selection of nominees, each party peremptorily may strike the name of 1 of the nominees. Within 7 days after this 5-day period, the employment relations commission shall designate 1 of the remaining nominees as the impartial arbitrator.
History:
1980, Act 17, Imd. Eff. Feb. 24, 1980
2023 Michigan Compiled Laws › Chapter 423 - Labor Disputes and Employment Relations › Act 17 of 1980 - Compulsory Arbitration of Labor Disputes of State Police Troopers and Sergeants (423.271 - 423.287) › Section 423.276 - Impartial Arbitrator as Chairperson of Arbitration Panel; Hearing; Notice; Duties of Chairperson; Intervention; Receipt of Evidence; Informal Proceedings; Technical Rules of Evidence Inapplicable; Record of Proceedings; Transcripts; Adjournment; Conclusion of Hearing; Expense of Proceedings; Payment of Public Officers or Employees; Actions and Rulings.

423.276 Impartial arbitrator as chairperson of arbitration panel; hearing; notice; duties of chairperson; intervention; receipt of evidence; informal proceedings; technical rules of evidence inapplicable; record of proceedings; transcripts; adjournment; conclusion of hearing; expense of proceedings; payment of public officers or employees; actions and rulings.
Sec. 6.
(1) The impartial arbitrator designated pursuant to section 5 shall act as chairperson of the arbitration panel. Within 15 days after his or her appointment, the chairperson shall call a hearing and shall give reasonable notice of the time and place of the hearing. The chairperson shall preside over the hearing and shall take testimony.
(2) Upon application and for good cause shown, and upon terms and conditions that are just, the arbitration panel may grant leave to intervene to a person, labor organization, or governmental unit that has a substantial interest in the hearing. The arbitration panel may receive into evidence any oral or documentary evidence or other data that it considers to be relevant to the issues under consideration at the hearing. The proceedings shall be informal. Technical rules of evidence shall not apply, and the competency of the evidence shall not be considered to be impaired by the informality of the proceedings. A verbatim record of the proceedings shall be made, and the chairperson shall arrange for the necessary recording service. Transcripts may be ordered at the expense of the party ordering them, but transcripts shall not be necessary for a decision by the arbitration panel. The arbitration panel may adjourn the hearing from time to time, but unless the parties agree otherwise, the hearing shall be concluded within 30 days after the time of its commencement.
(3) The expense of the proceedings, including a fee to the chairperson, 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.
(4) The actions and rulings of a majority of the arbitration panel shall constitute the actions and rulings of the arbitration panel.
History:
1980, Act 17, Imd. Eff. Feb. 24, 1980
2023 Michigan Compiled Laws › Chapter 423 - Labor Disputes and Employment Relations › Act 17 of 1980 - Compulsory Arbitration of Labor Disputes of State Police Troopers and Sergeants (423.271 - 423.287) › Section 423.277 - Oaths; Witnesses; Production of Books and Documents; Subpoenas; Invoking Aid of Circuit Court; Order of Circuit Court; Contempt.

423.277 Oaths; witnesses; production of books and documents; subpoenas; invoking aid of circuit court; order of circuit court; contempt.
Sec. 7.
The arbitration panel may administer oaths and require the attendance of witnesses and the production of books, papers, contracts, agreements, and documents that it considers to be material to a just determination of the issues in dispute. For this purpose, the arbitration panel may issue subpoenas. If a person refuses to obey a subpoena, or to be sworn or to testify, or if a witness, party, or attorney is guilty of contempt while in attendance at a hearing, the arbitration panel may, or the attorney general if requested shall, invoke the aid of the circuit court within the jurisdiction in which the hearing is being held, which court shall issue an appropriate order. The court may punish a failure to obey the order as contempt.
History:
1980, Act 17, Imd. Eff. Feb. 24, 1980
2023 Michigan Compiled Laws › Chapter 423 - Labor Disputes and Employment Relations › Act 17 of 1980 - Compulsory Arbitration of Labor Disputes of State Police Troopers and Sergeants (423.271 - 423.287) › Section 423.278 - Remanding Dispute for Further Collective Bargaining; Extension of Time; Notice of Remand.

423.278 Remanding dispute for further collective bargaining; extension of time; notice of remand.
Sec. 8.
At any time before the rendering of an order, the chairperson of the arbitration panel, if he or she believes that it would be useful or beneficial to do so, may remand the dispute to the parties for further collective bargaining for a period not to exceed 3 weeks. If the dispute is remanded for further collective bargaining, the time provisions of this act shall be extended for a time period equal to that of the remand. The chairperson of the arbitration panel shall notify the employment relations commission of the remand.
History:
1980, Act 17, Imd. Eff. Feb. 24, 1980
2023 Michigan Compiled Laws › Chapter 423 - Labor Disputes and Employment Relations › Act 17 of 1980 - Compulsory Arbitration of Labor Disputes of State Police Troopers and Sergeants (423.271 - 423.287) › Section 423.279 - Identification of Economic Issues in Dispute; Submission of Last Offer of Settlement; Determination Conclusive; Findings of Fact; Promulgation of Opinion and Order; Copies of Findings, Opinion, and Order; Adoption of Last Offer of Settlement; Basis of Findings, Opinion, and Order.

423.279 Identification of economic issues in dispute; submission of last offer of settlement; determination conclusive; findings of fact; promulgation of opinion and order; copies of findings, opinion, and order; adoption of last offer of settlement; basis of findings, opinion, and order.
Sec. 9.
(1) 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 to the arbitration panel and to each other, within a time limit that the arbitration panel prescribes, 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.
(2) The arbitration panel, within 30 days after the conclusion of the hearing, or within 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 of the findings of fact, opinion, and order to the parties, their representatives, and the employment relations commission. As to each economic issue, the arbitration panel shall adopt the last offer of settlement which, in the opinion of the arbitration panel, more nearly complies with the applicable factors prescribed in section 10. The findings, opinion, and order as to all other issues shall be based upon the applicable factors prescribed in section 10.
History:
1980, Act 17, Imd. Eff. Feb. 24, 1980
2023 Michigan Compiled Laws › Chapter 423 - Labor Disputes and Employment Relations › Act 17 of 1980 - Compulsory Arbitration of Labor Disputes of State Police Troopers and Sergeants (423.271 - 423.287) › Section 423.280 - Factors Upon Which Findings, Opinion, and Order Based; Conditions.

423.280 Factors upon which findings, opinion, and order based; conditions.
Sec. 10.
If there is not a collective bargaining agreement between the parties, or if there is an agreement but the parties have begun negotiations or discussions looking to a new agreement or to an amendment of the existing agreement, and wage rates or other terms and conditions of employment under the proposed new or amended agreement are in dispute, the arbitration panel shall base its findings, opinion, and order upon the following factors, as applicable:
(a) The lawful authority of the department.
(b) Stipulations of the parties.
(c) The interests and welfare of the public and the financial ability of this state to meet those costs.
(d) Comparison of the wages, hours, and terms and conditions of employment of the employees involved in the arbitration proceeding with the wages, hours, and terms and conditions of employment of other employees performing similar services, and with other state police troopers, sergeants, or both, in comparable states.
(e) The average consumer prices for goods and services, commonly known as the cost of living.
(f) The overall compensation presently received by the employees, including direct wage compensation, vacations, holidays and other excused time, insurance, pensions, medical and hospitalization benefits, the continuity and stability of employment, and other benefits received.
(g) Changes in any of the foregoing circumstances during the pendency of the arbitration proceedings.
(h) Other factors, not confined to those listed in this section, that normally or traditionally are taken into consideration in the determination of wages, hours, and terms and conditions of employment through voluntary collective bargaining, mediation, fact-finding, arbitration, or otherwise between the parties, in the public service or in private employment.
History:
1980, Act 17, Imd. Eff. Feb. 24, 1980
2023 Michigan Compiled Laws › Chapter 423 - Labor Disputes and Employment Relations › Act 17 of 1980 - Compulsory Arbitration of Labor Disputes of State Police Troopers and Sergeants (423.271 - 423.287) › Section 423.281 - Majority Decision of Arbitration Panel as Final and Binding; Enforcement; Effect of New State Fiscal Year Awards Retroactive; Amending or Modifying Order of Arbitration.

423.281 Majority decision of arbitration panel as final and binding; enforcement; effect of new state fiscal year awards retroactive; amending or modifying order of arbitration.
Sec. 11.
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 state fiscal year after the initiation of arbitration procedures under this act, but before the issuance of the arbitration order, or its enforcement, shall not be considered to render a dispute moot or to otherwise impair the jurisdiction or authority of the arbitration panel or its order. The arbitration panel may award increases in rates of compensation or other benefits retroactively to the commencement of a period in dispute, other statute provisions to the contrary notwithstanding. At any time the parties, by stipulation, may amend or modify an order of arbitration.
History:
1980, Act 17, Imd. Eff. Feb. 24, 1980
2023 Michigan Compiled Laws › Chapter 423 - Labor Disputes and Employment Relations › Act 17 of 1980 - Compulsory Arbitration of Labor Disputes of State Police Troopers and Sergeants (423.271 - 423.287) › Section 423.282 - Wilfully Disobeying or Resisting Lawful Order of Enforcement; Contempt; Fine.

423.282 Wilfully disobeying or resisting lawful order of enforcement; contempt; fine.
Sec. 12.
If an employee organization recognized, pursuant to Act No. 336 of the Public Acts of 1947, as amended, being sections 423.201 to 423.216 of the Michigan Compiled Laws, as the bargaining representative of employees subject to this act, wilfully disobeys a lawful order of enforcement by the circuit court pursuant to section 11, or wilfully encourages or offers resistance to the order, whether by a strike or otherwise, the punishment for each day that the contempt persists may be a fine, fixed at the discretion of the court, in an amount not to exceed $250.00 per day. If the department wilfully disobeys a lawful order of enforcement by the circuit court, or wilfully encourages or offers resistance to the order, the punishment for each day that the contempt persists may be a fine, fixed at the discretion of the court, in an amount not to exceed $250.00 per day.
History:
1980, Act 17, Imd. Eff. Feb. 24, 1980
2023 Michigan Compiled Laws › Chapter 423 - Labor Disputes and Employment Relations › Act 17 of 1980 - Compulsory Arbitration of Labor Disputes of State Police Troopers and Sergeants (423.271 - 423.287) › Section 423.283 - Judicial Review; Order Not Stayed by Pendency of Review Proceeding.

423.283 Judicial review; order not stayed by pendency of review proceeding.
Sec. 13.
The circuit court for the county in which a dispute arose or in which a majority of the affected employees reside may review an order of an arbitration panel, but only for reasons that the arbitration panel was without or exceeded its jurisdiction; the order is not supported by competent, material, and substantial evidence on the whole record; or the order was procured by fraud, collusion, or other similar and unlawful means. The pendency of a proceeding for review shall not stay automatically the order of the arbitration panel.
History:
1980, Act 17, Imd. Eff. Feb. 24, 1980
2023 Michigan Compiled Laws › Chapter 423 - Labor Disputes and Employment Relations › Act 17 of 1980 - Compulsory Arbitration of Labor Disputes of State Police Troopers and Sergeants (423.271 - 423.287) › Section 423.284 - Changing Terms and Conditions of Employment During Pendency of Arbitration Proceedings.

423.284 Changing terms and conditions of employment during pendency of arbitration proceedings.
Sec. 14.
During the pendency of arbitration proceedings, either party shall not change, without the consent of the other party, existing wages, hours, and other terms and conditions of employment. However, a party may consent to a change without prejudice to his or her rights or position under this act.
History:
1980, Act 17, Imd. Eff. Feb. 24, 1980
2023 Michigan Compiled Laws › Chapter 423 - Labor Disputes and Employment Relations › Act 17 of 1980 - Compulsory Arbitration of Labor Disputes of State Police Troopers and Sergeants (423.271 - 423.287) › Section 423.285 - Act Supplementary to MCL 423.201 Et seq.; Applicability of Fact-Finding Procedures.

423.285 Act supplementary to MCL 423.201 et seq.; applicability of fact-finding procedures.
Sec. 15.
This act shall be considered to be supplementary to Act No. 336 of the Public Acts of 1947, as amended, and does not amend or repeal any of its provisions. However, any provisions of Act No. 336 of the Public Acts of 1947, as amended, that require fact-finding procedures shall not be applicable to a dispute subject to arbitration under this act.
History:
1980, Act 17, Imd. Eff. Feb. 24, 1980
2023 Michigan Compiled Laws › Chapter 423 - Labor Disputes and Employment Relations › Act 17 of 1980 - Compulsory Arbitration of Labor Disputes of State Police Troopers and Sergeants (423.271 - 423.287) › Section 423.286 - Violation; Imprisonment Prohibited.

423.286 Violation; imprisonment prohibited.
Sec. 16.
A person shall not be sentenced to a term of imprisonment for a violation of this act or an order of an arbitration panel.
History:
1980, Act 17, Imd. Eff. Feb. 24, 1980
2023 Michigan Compiled Laws › Chapter 423 - Labor Disputes and Employment Relations › Act 17 of 1980 - Compulsory Arbitration of Labor Disputes of State Police Troopers and Sergeants (423.271 - 423.287) › Section 423.287 - Effective Date.

423.287 Effective date.
Sec. 17.
This act shall be considered effective as of December 23, 1978.
History:
1980, Act 17, Imd. Eff. Feb. 24, 1980
2023 Michigan Compiled Laws › Chapter 423 - Labor Disputes and Employment Relations › Repealed - Act 251 of 1955 - Michigan State Fair Employment Practices Act (423.301 - 423.311)

MICHIGAN STATE FAIR EMPLOYMENT PRACTICES ACT
Act 251 of 1955
423.301-423.311 Repealed. 1963, 2nd Ex. Sess., Act 45, Eff. Jan. 1, 1964;—1976, Act 453, Eff. Mar. 31, 1977.
2023 Michigan Compiled Laws › Chapter 423 - Labor Disputes and Employment Relations › Act 278 of 1980 - State Contracts With Certain Employers Prohibited (423.321 - 423.324) › Section 423.321 - Definitions.

423.321 Definitions.
Sec. 1.
As used in this act:
(a) "Department" means the state department of labor.
(b) "Employer" means an individual, partnership, corporation, or other association, or a city, village, township, or county that employs 2 or more persons.
(c) "State" means this state or an agency, department, division, bureau, board, commission, council, authority, or other body of this state.
History:
1980, Act 278, Imd. Eff. Oct. 9, 1980
2023 Michigan Compiled Laws › Chapter 423 - Labor Disputes and Employment Relations › Act 278 of 1980 - State Contracts With Certain Employers Prohibited (423.321 - 423.324) › Section 423.322 - Register of Employers Found in Contempt of Court for Failure to Correct Unfair Labor Practice.

423.322 Register of employers found in contempt of court for failure to correct unfair labor practice.
Sec. 2.
The department shall compile a register of employers who have been found in contempt of court by a federal court of appeals, on not less than 3 occasions involving different violations during the preceding 7 years, for failure to correct an unfair labor practice, as prohibited by section 8 of chapter 372 of the national labor relations act, 29 U.S.C. 158. The register, which shall be compiled and updated biannually from the records of the national labor relations board, shall contain the names of those employers who merited inclusion in the register during the 3-year period before its compilation and shall be available, upon request, to the state.
History:
1980, Act 278, Imd. Eff. Oct. 9, 1980
2023 Michigan Compiled Laws › Chapter 423 - Labor Disputes and Employment Relations › Act 278 of 1980 - State Contracts With Certain Employers Prohibited (423.321 - 423.324) › Section 423.323 - Prohibited Contracts or Subcontracts.

423.323 Prohibited contracts or subcontracts.
Sec. 3.
(1) The state shall not award a contract or a subcontract to an employer whose name appears in the current register compiled pursuant to section 2.
(2) After January 1, 1982, an employer who has a contract with this state, in relation to that contract, shall not enter into a contract with a subcontractor, manufacturer, or supplier whose name appears in the register compiled pursuant to section 2.
History:
1980, Act 278, Imd. Eff. Oct. 9, 1980
2023 Michigan Compiled Laws › Chapter 423 - Labor Disputes and Employment Relations › Act 278 of 1980 - State Contracts With Certain Employers Prohibited (423.321 - 423.324) › Section 423.324 - Required Clause in Contract.

423.324 Required clause in contract.
Sec. 4.
The state shall not enter into a contract with an employer unless the contract contains a clause providing that the state may void the contract if the name of the employer, or the name of a subcontractor, manufacturer, or supplier of the employer, subsequently appears in the register compiled pursuant to section 2.
History:
1980, Act 278, Imd. Eff. Oct. 9, 1980
2023 Michigan Compiled Laws › Chapter 423 - Labor Disputes and Employment Relations › Act 90 of 1996 - Disclosure of Employee Job Performance (423.451 - 423.452) › Section 423.451 - Definitions.

423.451 Definitions.
Sec. 1.
As used in this act:
(a) "Employee" means an individual who as a volunteer or for compensation provides an employer with his or her labor.
(b) "Employer" means a person who employs an individual for compensation or who supervises an individual providing labor as a volunteer.
(c) "Prospective employer" means a person to whom an employee or former employee has submitted an application for employment.
History:
1996, Act 90, Imd. Eff. Feb. 27, 1996
2023 Michigan Compiled Laws › Chapter 423 - Labor Disputes and Employment Relations › Act 90 of 1996 - Disclosure of Employee Job Performance (423.451 - 423.452) › Section 423.452 - Disclosure of Information Relating to Employee's Job Performance; Immunity; Exception.

423.452 Disclosure of information relating to employee's job performance; immunity; exception.
Sec. 2.
An employer may disclose to an employee or that individual's prospective employer information relating to the individual's job performance that is documented in the individual's personnel file upon the request of the individual or his or her prospective employer. An employer who discloses information under this section in good faith is immune from civil liability for the disclosure. An employer is presumed to be acting in good faith at the time of a disclosure under this section unless a preponderance of the evidence establishes 1 or more of the following:
(a) That the employer knew the information disclosed was false or misleading.
(b) That the employer disclosed the information with a reckless disregard for the truth.
(c) That the disclosure was specifically prohibited by a state or federal statute.
History:
1996, Act 90, Imd. Eff. Feb. 27, 1996
2023 Michigan Compiled Laws › Chapter 423 - Labor Disputes and Employment Relations › Act 397 of 1978 - Bullard-Plawecki Employee Right to Know Act (423.501 - 423.512) › Section 423.501 - Short Title; Definitions.

423.501 Short title; definitions.
Sec. 1.
(1) This act shall be known and may be cited as the "Bullard-Plawecki employee right to know act".
(2) As used in this act:
(a) "Employee" means a person currently employed or formerly employed by an employer.
(b) "Employer" means an individual, corporation, partnership, labor organization, unincorporated association, the state, or an agency or a political subdivision of the state, or any other legal, business, or commercial entity which has 4 or more employees and includes an agent of the employer.
(c) "Personnel record" means a record kept by the employer that identifies the employee, to the extent that the record is used or has been used, or may affect or be used relative to that employee's qualifications for employment, promotion, transfer, additional compensation, or disciplinary action. A personnel record shall include a record in the possession of a person, corporation, partnership, or other association who has a contractual agreement with the employer to keep or supply a personnel record as provided in this subdivision. A personnel record shall not include:
(i) Employee references supplied to an employer if the identity of the person making the reference would be disclosed.
(ii) Materials relating to the employer's staff planning with respect to more than 1 employee, including salary increases, management bonus plans, promotions, and job assignments.
(iii) Medical reports and records made or obtained by the employer if the records or reports are available to the employee from the doctor or medical facility involved.
(iv) Information of a personal nature about a person other than the employee if disclosure of the information would constitute a clearly unwarranted invasion of the other person's privacy.
(v) Information that is kept separately from other records and that relates to an investigation by the employer pursuant to section 9.
(vi) Records limited to grievance investigations which are kept separately and are not used for the purposes provided in this subdivision.
(vii) Records maintained by an educational institution which are directly related to a student and are considered to be education records under section 513(a) of title 5 of the family educational rights and privacy act of 1974, 20 U.S.C. 1232g.
(viii) Records kept by an executive, administrative, or professional employee that are kept in the sole possession of the maker of the record, and are not accessible or shared with other persons. However, a record concerning an occurrence or fact about an employee kept pursuant to this subparagraph may be entered into a personnel record if entered not more than 6 months after the date of the occurrence or the date the fact becomes known.
History:
1978, Act 397, Eff. Jan. 1, 1979
Popular Name:
Right-to-Know
2023 Michigan Compiled Laws › Chapter 423 - Labor Disputes and Employment Relations › Act 397 of 1978 - Bullard-Plawecki Employee Right to Know Act (423.501 - 423.512) › Section 423.502 - Personnel Record Information Excluded From Personnel Record; Use in Judicial or Quasi-Judicial Proceeding.

423.502 Personnel record information excluded from personnel record; use in judicial or quasi-judicial proceeding.
Sec. 2.
Personnel record information which was not included in the personnel record but should have been as required by this act shall not be used by an employer in a judicial or quasi-judicial proceeding. However, personnel record information which, in the opinion of the judge in a judicial proceeding or in the opinion of the hearing officer in a quasi-judicial proceeding, was not intentionally excluded in the personnel record, may be used by the employer in the judicial or quasi-judicial proceeding, if the employee agrees or if the employee has been given a reasonable time to review the information. Material which should have been included in the personnel record shall be used at the request of the employee.
History:
1978, Act 397, Eff. Jan. 1, 1979
Popular Name:
Right-to-Know