reglab/statecodes huggingface dataset:
Michigan Administrative Code › Department - Labor and Economic Opportunity › Bureau of Employment Relations › Employment Relations Commission General Rules › Part 3 - FACT FINDING › Section R. 423.138 - Costs

Current through Vol. 24-12, July 15, 2024
Rule 138.
(1) A
				  fact finder shall not charge more than 2 preparation days for each day of
				  hearing unless otherwise permitted in advance by the commission or bureau
				  director.
(2) The costs of
				  subpoenas and witness fees shall be borne by the party at whose request
				  subpoenas are issued and at whose request witnesses appeared.
(3) A party may order a transcript of a
				  deposition at its own expense. The party who requests a deposition shall pay
				  the costs for the court reporter and for a copy of the transcript of the
				  deposition for the fact finding hearing record.
Michigan Administrative Code › Department - Labor and Economic Opportunity › Bureau of Employment Relations › Employment Relations Commission General Rules › Part 4 - REPRESENTATION PROCEEDINGS › Section R. 423.141 - Petitions for elections

Current through Vol. 24-12, July 15, 2024
Rule 141.
(1) A
				  petition for election to determine a collective bargaining representative or a
				  petition for decertification of a collective bargaining representative shall be
				  prepared on a form furnished by the commission. An original and 4 copies of the
				  petition shall be filed with the commission under section 12 of PERA, section
				  27 of LMA, and subrule (3) of this rule.
(2) A petition for an election to determine
				  the collective bargaining representative or for decertification shall include,
				  insofar as known, at least all of the following information:
(a) The name of the employer.
(b) The address of the establishment
				  involved.
(c) A description of the
				  bargaining unit claimed to be appropriate.
(d) The name and address of persons or labor
				  organizations who claim to represent employees in the alleged appropriate unit,
				  and brief descriptions of the contracts, if any, covering the employees in the
				  unit.
(e) The number of employees
				  in the alleged appropriate unit.
(f) The name, affiliation, if any, and
				  address of the petitioner.
(g) Any
				  other relevant facts.
(h) Signature
				  of petitioner or its duly authorized agent if filed by an employer.
(i) A statement that 1 or more individuals or
				  labor organizations have presented a claim to be recognized as the bargaining
				  representative.
Michigan Administrative Code › Department - Labor and Economic Opportunity › Bureau of Employment Relations › Employment Relations Commission General Rules › Part 4 - REPRESENTATION PROCEEDINGS › Section R. 423.142 - Petitions for self-determination elections

Current through Vol. 24-12, July 15, 2024
Rule 142.
(1) A
				  petition for an election to determine whether existing bargaining units
				  represented by a single labor organization should be merged may be filed by the
				  labor organization representing these units. A petition for a
				  self-determination election
(2) A
				  petition for a self-determination election shall include at least all of the
				  following information:
(a) The name of the
				  employer.
(b) The address of the
				  establishment involved.
(c)
				  Descriptions of the bargaining units sought to be merged.
(d) The approximate number of employees in
				  each existing unit.
(e) A statement
				  that the petitioner is the currently recognized bargaining representative for
				  the units in question.
(f) The
				  name, affiliation, if any, and address of the petitioner.
(g) Any other relevant facts.
(h) Signature of petitioner or its duly
				  authorized agent.
Michigan Administrative Code › Department - Labor and Economic Opportunity › Bureau of Employment Relations › Employment Relations Commission General Rules › Part 4 - REPRESENTATION PROCEEDINGS › Section R. 423.143 - Petitions for unit clarification

Current through Vol. 24-12, July 15, 2024
Rule 143.
(1) A
				  petition to determine the unit placement of a disputed position or
				  classification may be filed by the employer or by a labor organization
				  representing an existing bargaining unit. A petition for unit clarification
				  shall be prepared on a form furnished by the commission.
(2) A petition for unit clarification shall
				  include at least all of the following information:
(a) The name of the employer.
(b) The employer's address.
(c) The position or positions whose unit
				  status petitioner seeks to have clarified.
(d) A statement of the clarification sought,
				  and the reasons set out in detail with the approximate dates the position was
				  created or substantially changed.
(e) Whether the position whose status is to
				  be clarified is currently included in any bargaining unit, and, if so, a
				  description of that unit and the name of the labor organization currently
				  representing that unit.
(f) A
				  description of any bargaining unit that may be affected.
(g) The name, affiliation, if any, and
				  address of the petitioner.
(h) Any
				  other relevant facts.
(i) Signature
				  of petitioner or its duly authorized agent.
Michigan Administrative Code › Department - Labor and Economic Opportunity › Bureau of Employment Relations › Employment Relations Commission General Rules › Part 4 - REPRESENTATION PROCEEDINGS › Section R. 423.144 - Investigation of petitions; consent election agreements

Current through Vol. 24-12, July 15, 2024
Rule 144. The commission or its designee shall investigate
					 the petition. If there is reasonable cause that a question concerning
					 representation exists, then the petitioner and the other parties may, with the
					 approval of the commission or its election agent, enter into a consent election
					 agreement on a form furnished by the commission. The agreement shall include a
					 description of the appropriate bargaining unit, the payroll period to be used
					 in determining the employees within the appropriate unit who shall be eligible
					 to vote, and such other matters as the commission considers appropriate. The
					 time, place, and manner of the election shall be determined by the commission
					 or its designee after consultation with the parties.
Michigan Administrative Code › Department - Labor and Economic Opportunity › Bureau of Employment Relations › Employment Relations Commission General Rules › Part 4 - REPRESENTATION PROCEEDINGS › Section R. 423.146 - Hearing on election petition

Current through Vol. 24-12, July 15, 2024
Rule 146.
(1) If a
				  consent election agreement is not executed by the required parties, the
				  petition for election shall be referred to an administrative law judge, who,
				  after due notice, may hold a hearing for the purpose of gathering facts on the
				  matters in dispute.
				  R
				  423.171,
				  R 423.172,
				  R
				  423.173, and
				  R
				  423.174 apply to all hearings conducted under this
				  rule. A notice of hearing or other notice shall be served upon all interested
				  parties including any intervenor. The notice of hearing shall set the time,
				  date, and place of the hearing, and, unless by agreement of the parties or in
				  case of special circumstances, the time shall be not less than 5 days after
				  service of the notice.
(2) The
				  commission or its agent may consolidate representation and unfair labor
				  practice proceedings for hearing and decision.
(3) In addition to the duties and powers
				  enumerated in
				  R 423.172, an administrative law
				  judge presiding over a hearing involving an election petition may take evidence
				  regarding issues not specifically raised by the parties.
(4) After the hearing closes, or where there
				  is no material dispute of fact, the commission shall determine the matters in
				  dispute and direct an election, dismiss the petition, or make other disposition
				  of the matter as the commission deems appropriate. The commission may reopen a
				  proceeding under
				  R
				  423.166 or
				  R 423.167.
(5) If a motion for reconsideration or
				  rehearing of a commission order directing an election is filed, then the
				  commission, during its consideration of the motion, shall conduct the election
				  under its original direction, count the ballots, and issue a certification of
				  results or representation unless a party makes a written request to stay the
				  election or impound the ballots, or both, and the commission determines that it
				  would not effectuate the purpose of the statute to conduct an election or count
				  the ballots, or both, while the motion is pending.
(6) If an appeal of a commission order
				  directing an election is filed with a court, then the commission shall conduct
				  the election under its original direction, count the ballots, and issue a
				  certification of results or representative unless a stay is issued by the
				  court.
Michigan Administrative Code › Department - Labor and Economic Opportunity › Bureau of Employment Relations › Employment Relations Commission General Rules › Part 4 - REPRESENTATION PROCEEDINGS › Section R. 423.147 - Elections; general procedures

Current through Vol. 24-12, July 15, 2024
Rule 147.
(1) An
				  election shall be conducted under the supervision and direction of a designee
				  of the commission and shall be by secret ballot.
(2) At least 7 days before the date of an
				  election, or the date of the mailing of the ballots in a mail ballot election,
				  excluding Saturdays, Sundays, and legal holidays, the employer shall submit to
				  the commission and other interested parties a list of the names and addresses
				  of all eligible voters in alphabetical order. This requirement may be modified
				  by mutual agreement of the parties, or by order of the commission, or its
				  agent.
(3) A sample ballot and
				  notice of election, setting forth the date, time, place, and purpose of the
				  election shall be posted in a prominent place or places, as the commission or
				  its designee shall determine, in the employer's establishment, not less than 5
				  days before the date of the election, or the date of the mailing of the ballots
				  in a mail ballot election, unless modified by mutual agreement of the parties
				  or by order of the commission or its designee.
(4) The commission may conduct an election in
				  whole or in part by mail ballot by order of the commission, or as determined by
				  its designee after consultation with the parties.
Michigan Administrative Code › Department - Labor and Economic Opportunity › Bureau of Employment Relations › Employment Relations Commission General Rules › Part 4 - REPRESENTATION PROCEEDINGS › Section R. 423.148 - Observers and challenges

Current through Vol. 24-12, July 15, 2024
Rule 148.
(1) The
				  parties to the election may each designate a representative, but not a
				  supervisor or full-time labor organization representative unless by mutual
				  agreement of the parties, to observe that ballots are properly cast and votes
				  properly counted. Observers are subject to such reasonable limitations as the
				  election agent may prescribe.
(2)
				  An authorized observer, the commission, or the election agent, before the time
				  the voter's ballot is cast, or before the time the ballots are counted in the
				  case of a mail ballot election, may challenge for good cause the eligibility of
				  any person to participate in the election. A person challenged as an ineligible
				  voter shall be permitted to vote in secret, and the election agent shall set
				  aside the ballot, with appropriate markings. If it is determined by the
				  commission or its election agent that the challenged ballot, or ballots, is
				  decisive of the result, then the commission shall determine the merits of any
				  challenged ballot and decide whether or not the person is an eligible
				  voter.
Michigan Administrative Code › Department - Labor and Economic Opportunity › Bureau of Employment Relations › Employment Relations Commission General Rules › Part 4 - REPRESENTATION PROCEEDINGS › Section R. 423.149 - Ballot boxes and ballots

Current through Vol. 24-12, July 15, 2024
Rule 149.
(1) The
				  commissions designee shall examine the ballot boxes before the opening of the
				  polls and in the presence of any observers. The boxes shall be sealed at the
				  opening of the polls.
(2) The
				  commissions designee shall privately assist any voter in marking a ballot when
				  the voter states under oath, duly administered by the election agent, that the
				  voter is incapable of marking the ballot because of physical disability or
				  inability to read or write.
(3) A
				  voter shall designate a choice on the ballot by making a cross (X) or check
				  mark ([R]) in the selected circle or block. The intent of the voter shall be
				  followed in the marking of the ballot. If the ballot is defaced, torn, marked
				  in a manner that is not understandable, or identifies the voter, then the
				  ballot shall be declared void. If a ballot is inadvertently spoiled by a voter,
				  it may be returned to the election agent, who shall provide another ballot. The
				  spoiled ballot shall be preserved for the time of counting.
(4) A voter shall fold the ballot so that no
				  part of its face is exposed, and, on leaving the polling booth, shall
				  personally deposit the ballot in the ballot box. If the election is continued
				  for more than 1 period, the ballot box shall remain sealed until the subsequent
				  opening of the polls, and shall so remain in possession of the election agent
				  until time for the counting of the ballots.
(5) An absentee ballot shall be mailed to an
				  individual eligible to vote upon written notice to the commission of the
				  inability to be present at the election because of sickness, physical
				  disability, military leave or other circumstance as agreed upon by the parties
				  to the election with the approval of the commission or designee. The voted
				  ballot shall be mailed or delivered by the absentee voter to the commission not
				  later than the designated deadline date and time using the official envelopes
				  provided for this purpose. The envelopes containing the ballots shall be opened
				  at the time of the counting of the ballots.
(6) In a mail ballot election, to be valid,
				  each voted ballot shall be personally and individually mailed or delivered by
				  the voter to the commission in the official envelopes provided for this
				  purpose. The time for counting the ballots shall be determined by the
				  commissions designee.
Michigan Administrative Code › Department - Labor and Economic Opportunity › Bureau of Employment Relations › Employment Relations Commission General Rules › Part 4 - REPRESENTATION PROCEEDINGS › Section R. 423.149a - Counting of ballots; election results

Current through Vol. 24-12, July 15, 2024
Rule 149a. The commissions designee shall count the ballots
					 as soon after the polls have closed as practicable, or as provided under
					 R
					 423.149(6). The commissions designee
					 shall announce the results of the election as soon as the complete results have
					 been tabulated. The election agent shall furnish to the parties a tabulation of
					 results signed by the observers and the election agent. The commission shall
					 furnish the parties with a certification of representative or
					 results.
Michigan Administrative Code › Department - Labor and Economic Opportunity › Bureau of Employment Relations › Employment Relations Commission General Rules › Part 4 - REPRESENTATION PROCEEDINGS › Section R. 423.149b - Objections to elections; rerun and runoff elections

Current through Vol. 24-12, July 15, 2024
Rule 149b.
(1)
				  Within 5 days after the election results have been tabulated and furnished to
				  the parties, excluding Saturdays, Sundays, and legal holidays, an interested
				  party may file objections to the conduct of the election or to conduct
				  improperly affecting the results of the election. Objections shall be in
				  writing and shall contain a statement of facts upon which the objections are
				  based and the reasons for the objections. A signed original and 4 copies of the
				  objections shall be filed with the commission, and the party filing objections
				  shall at the same time serve a copy upon each of the other parties to the
				  election with proof of service to the commission.
(2)
										R
				  423.171,
				  R 423.172,
				  R
				  423.173, and
				  R
				  423.174 shall apply to all hearings conducted under
				  this rule. After the close of the hearing, the commission shall issue its
				  decision with regard to the challenges or objections, or both.
(3) If the commission orders that any
				  challenged ballots be opened and counted, an amended tabulation of election
				  results and an appropriate certificate of results of the election shall be
				  issued.
(4) If the commission
				  sustains objections to an election, it may direct a new election, to be held at
				  such time and under such circumstances and conditions as it deems appropriate.
				  For a runoff or rerun election, the commission may maintain the same
				  eligibility date or establish a new eligibility date for voters.
(5) A runoff election shall be conducted
				  without further order of the commission when an election in which the ballot
				  provided for fewer than 3 choices (for example, at least 2 representatives and
				  "neither") resulted in no choice receiving a majority of the valid votes cast
				  and no objections are filed as provided in this rule.
(6) Employees who were eligible to vote in
				  the election and who are in an eligible category on the date of the runoff
				  election shall be eligible to vote in the runoff election.
(7) The ballot in the runoff election shall
				  provide for a selection between the 2 choices receiving the largest and second
				  largest number of valid votes cast.
(8) Upon the conclusion of the runoff
				  election, this rule shall govern, insofar as applicable.
Michigan Administrative Code › Department - Labor and Economic Opportunity › Bureau of Employment Relations › Employment Relations Commission General Rules › Part 5 - UNFAIR LABOR PRACTICE CHARGES › Section R. 423.151 - Filing, contents, and service

Current through Vol. 24-12, July 15, 2024
Rule 151.
(1) A
				  charge that a person has engaged in or is engaging in an unfair labor practice
				  in violation of LMA or PERA, may be filed with the commission. The charge
				  shall, except for good cause shown, be prepared on a form furnished by the
				  commission. Attachments submitted with a charge shall not exceed 25 pages and
				  shall comply with
				  R 423.184. An original and 4 copies
				  of the charge shall be filed with the commission.
(2) A charge shall include, insofar as known,
				  all of the following information:
(a) The
				  name, mailing address, affiliation or title, if any, and signature of a
				  charging party or representative.
(b) The name and mailing address of each
				  charged party.
(c) A clear and
				  complete statement of the facts which allege a violation of LMA or PERA,
				  including the date of occurrence of each particular act, the names of the
				  agents of the charged party who engaged in the violation or violations and the
				  sections of LMA or PERA alleged to have been violated.
(d) Any other information requested on the
				  form furnished by the commission.
Michigan Administrative Code › Department - Labor and Economic Opportunity › Bureau of Employment Relations › Employment Relations Commission General Rules › Part 5 - UNFAIR LABOR PRACTICE CHARGES › Section R. 423.152 - Complaint

Current through Vol. 24-12, July 15, 2024
Rule 152. After a charge is filed, the commission or an
					 administrative law judge designated by the commission may serve upon each named
					 respondent a complaint, a copy of the charge upon which the complaint is based,
					 and a notice of hearing, or, at the discretion of the commission or
					 administrative law judge, a complaint, a copy of the charge upon which the
					 complaint is based, and a notice of prehearing conference. The notice of
					 hearing shall fix the place of hearing at a time not less than 5 days from
					 service thereof. The notice of prehearing conference shall fix the time, date,
					 and place of prehearing conference at a time at least 5 days from service
					 thereof. The commission or administrative law judge designated by the
					 commission may effectuate service of these documents by facsimile transmission
					 with the permission of the person receiving the documents.
Michigan Administrative Code › Department - Labor and Economic Opportunity › Bureau of Employment Relations › Employment Relations Commission General Rules › Part 5 - UNFAIR LABOR PRACTICE CHARGES › Section R. 423.153 - Amendments to charges

Current through Vol. 24-12, July 15, 2024
Rule 153.
(1) The
				  charging party may file an amended charge before, during, or after the
				  conclusion of the hearing. All amendments made before or after hearing shall be
				  in writing and shall, except for good cause shown, be prepared on a form
				  furnished by the commission. An original and 4 copies of the amended charge
				  shall be filed with the commission and a copy served on each party. Amendments
				  made at hearing shall be made in writing to the administrative law judge or
				  stated orally on the record.
(2) If
				  a request to amend a charge is made in writing, each party opposing the request
				  shall file with the commission a signed original and 2 copies of its objection
				  within 10 days after receipt of the request to amend, and at the same time
				  shall serve a copy of the objection on each party.
(3) Proposed amendments to a charge that are
				  submitted in writing shall clearly indicate any deletions from or additions to
				  the original charge.
(4) The
				  commission or administrative law judge designated by the commission may permit
				  or deny the request to amend upon such terms as are just and consistent with
				  due process.
Michigan Administrative Code › Department - Labor and Economic Opportunity › Bureau of Employment Relations › Employment Relations Commission General Rules › Part 5 - UNFAIR LABOR PRACTICE CHARGES › Section R. 423.154 - Withdrawal of charges

Current through Vol. 24-12, July 15, 2024
Rule 154.
(1) The
				  charge may be withdrawn by the charging party at any time before the issuance
				  of a proposed decision and recommended order upon approval by the
				  administrative law judge, subject to review by the commission. Any party
				  seeking commission review of an order granting withdrawal must file an
				  objection within 10 days after the issuance of the order granting
				  withdrawal.
(2) The charge may be
				  withdrawn by the charging party following the issuance of a proposed decision
				  and recommended order upon approval by the commission. Upon agreement of the
				  parties, the commission may withhold publication of the decision and
				  recommended order of the administrative law judge. Final determination on
				  publication of the decision and recommended order shall rest solely with the
				  commission.
Michigan Administrative Code › Department - Labor and Economic Opportunity › Bureau of Employment Relations › Employment Relations Commission General Rules › Part 5 - UNFAIR LABOR PRACTICE CHARGES › Section R. 423.155 - Answers

Current through Vol. 24-12, July 15, 2024
Rule 155.
(1) Each
				  respondent may file with the commission a signed original and 4 copies of an
				  answer to the complaint and attached charge within 10 days after receipt
				  thereof, and at the same time shall serve a copy of the answer on each party.
				  Upon good cause shown, the commission or administrative law judge designated by
				  the commission may grant an extension of time in which to file the answer.
				  Failure to file an answer shall not constitute an admission of any fact alleged
				  in the charge, nor shall it constitute a waiver of the right to assert any
				  defense.
(2) The answer shall
				  include a specific admission, denial, or explanation of each allegation of the
				  complaint and attached charge, or if the respondent is without knowledge
				  thereof, it shall so state and the statement shall operate as a denial. An
				  admission or denial may be to all or any part of any allegation, but shall
				  fairly meet the substance of the allegation. The answer shall include a
				  specific, detailed statement of each affirmative defense.
Michigan Administrative Code › Department - Labor and Economic Opportunity › Bureau of Employment Relations › Employment Relations Commission General Rules › Part 5 - UNFAIR LABOR PRACTICE CHARGES › Section R. 423.156 - Amendments to answers

Current through Vol. 24-12, July 15, 2024
Rule 156.
(1) The
				  commission or administrative law judge designated by the commission may permit
				  or require a respondent to amend the answer before or during the hearing, or at
				  any time prior to issuance of the administrative law judge's recommended order,
				  within a period of time fixed by the administrative law judge.
(2) An original and 4 copies of the amended
				  answer shall be filed with the commission and a copy served on each
				  party.
Michigan Administrative Code › Department - Labor and Economic Opportunity › Bureau of Employment Relations › Employment Relations Commission General Rules › Part 5 - UNFAIR LABOR PRACTICE CHARGES › Section R. 423.157 - Joinder of parties

Current through Vol. 24-12, July 15, 2024
Rule 157. Persons having such an interest in the subject of
					 the action that their presence in the action is essential to permit the
					 commission to render complete relief shall be made parties and aligned as
					 charging parties or respondents in accordance with their respective interests.
					 If the persons have not been made parties, then the commission or
					 administrative law judge shall, on motion of either party, order them to appear
					 in the action, and may prescribe the time and order of
					 pleading.
Michigan Administrative Code › Department - Labor and Economic Opportunity › Bureau of Employment Relations › Employment Relations Commission General Rules › Part 5 - UNFAIR LABOR PRACTICE CHARGES › Section R. 423.158 - Prehearing conference

Current through Vol. 24-12, July 15, 2024
Rule 158.
(1) The
				  commission or an administrative law judge designated by the commission may
				  direct the parties to appear for a prehearing conference, file a position
				  statement, or both. The prehearing conference may resolve any matter upon which
				  the parties agree or which the commission or administrative law judge may
				  determine is proper for resolution.
(2) Failure to comply with a prehearing order
				  may result in dismissal of the charge or the granting of relief in favor of the
				  charging party.
Michigan Administrative Code › Department - Labor and Economic Opportunity › Bureau of Employment Relations › Employment Relations Commission General Rules › Part 6 - MOTION PRACTICE › Section R. 423.161 - General provisions

Current through Vol. 24-12, July 15, 2024
Rule 161.
(1) An
				  application to the commission for an order other than that sought for by the
				  unfair labor practice charge shall be by motion. Examples of such motions are
				  set forth in
				  R
				  423.162 to
				  R 423.167.
(2) All motions made before or after hearing
				  shall be in writing and shall state with particularity the grounds upon which
				  the motion is based and the relief sought. A motion that presents an issue of
				  law shall be accompanied by a brief citing the authority on which it is based.
				  All motions and briefs made before the hearing shall be served as provided in
				  R 423.182.
(3) Each adverse party may file a written
				  brief in opposition to any motion made before or after hearing. The brief shall
				  be filed within 10 days after service of the motion, or within any other period
				  as specified by the commission or administrative law judge designated by the
				  commission, and served as provided in
				  R 423.182.
(4) Motions made before or after hearing
				  shall be ruled upon without notice or oral argument. A request for oral
				  argument by either party shall indicate "oral argument requested" in bold
				  capital letters on the first page under the caption of the motion, response, or
				  other pleading. If the request is granted, the commission or administrative law
				  judge designated by the commission will serve a notice of hearing upon all
				  parties.
(5) All motions made at
				  hearing shall be made in writing to the administrative law judge or stated
				  orally on the record.
(6) All
				  pleadings to the administrative law judge shall include 1 original, and 1 copy,
				  unless otherwise directed.
(7)
				  Rulings by an administrative law judge on any motion, except a motion resulting
				  in a ruling dismissing or sustaining the unfair labor practice charge in its
				  entirety, shall not be appealed directly to the commission, but shall be
				  considered by the commission only if raised in exceptions or cross exceptions
				  to the proposed decision and recommended order filed under
				  R 423.176.
Michigan Administrative Code › Department - Labor and Economic Opportunity › Bureau of Employment Relations › Employment Relations Commission General Rules › Part 6 - MOTION PRACTICE › Section R. 423.162 - Motion for more definite statement

Current through Vol. 24-12, July 15, 2024
Rule 162. If an unfair labor practice charge fails to
					 comply with
					 R
					 423.151, the administrative law judge may by his or
					 her own motion, or on the motion of the respondent, order the filing of a more
					 definite statement of the charge or an amended charge. Respondent shall certify
					 that it has already sought a more definite statement of the charge from
					 charging party before bringing its motion.
Michigan Administrative Code › Department - Labor and Economic Opportunity › Bureau of Employment Relations › Employment Relations Commission General Rules › Part 6 - MOTION PRACTICE › Section R. 423.163 - Motion to strike

Current through Vol. 24-12, July 15, 2024
Rule 163. The commission or administrative law judge
					 designated by the commission may, on its own motion or on a motion by any
					 party, order stricken from the pleadings redundant, immaterial, impertinent,
					 scandalous, or indecent matter or may strike all or part of a pleading not
					 drawn in conformity with these rules.
Michigan Administrative Code › Department - Labor and Economic Opportunity › Bureau of Employment Relations › Employment Relations Commission General Rules › Part 6 - MOTION PRACTICE › Section R. 423.164 - Motion to consolidate or sever

Current through Vol. 24-12, July 15, 2024
Rule 164. The commission or administrative law judge
					 designated by the commission may, on its own motion or on a motion by any
					 party, order that a charge and any proceeding which may have been initiated
					 with respect thereto, be consolidated with any other proceeding which may have
					 been instituted thereto, or be severed from any other proceeding with which it
					 may have been consolidated under this rule. The commission or administrative
					 law judge designated by the commission shall grant such motion only if the
					 consolidation or severance will promote the just, economical, and expeditious
					 determination of the issues presented.
Michigan Administrative Code › Department - Labor and Economic Opportunity › Bureau of Employment Relations › Employment Relations Commission General Rules › Part 6 - MOTION PRACTICE › Section R. 423.165 - Motion for summary disposition

Current through Vol. 24-12, July 15, 2024
Rule 165.
(1) The
				  commission or administrative law judge designated by the commission may, on its
				  own motion or on a motion by any party, order dismissal of a charge or issue a
				  ruling in favor of the charging party. Such a motion, or order to show cause,
				  may be made at any time before or during the hearing.
(2) A motion for summary disposition made
				  under this rule may be based upon 1 or more of the following reasons and may
				  require a supporting affidavit:
(a) The
				  commission lacks jurisdiction over a party.
(b) The commission lacks jurisdiction over
				  the subject matter of the charge.
(c) The charge is barred because of the
				  expiration of the applicable period of limitations.
(d) The charging party has failed to state a
				  claim upon which relief can be granted.
(e) The respondent has filed a pleading that
				  demonstrates it does not have a valid defense to the charge.
(f) Except as to the relief sought, there is
				  no genuine issue of material fact.
(g) A charge or defense to a charge has been
				  abandoned for failure to appear for hearing or pre-hearing
				  conference.
(h) A party fails to
				  timely respond to a dispositive motion or a show cause order or other order,
				  including an order requiring the filing of a pre-hearing position statement or
				  a post-hearing brief.
Michigan Administrative Code › Department - Labor and Economic Opportunity › Bureau of Employment Relations › Employment Relations Commission General Rules › Part 6 - MOTION PRACTICE › Section R. 423.166 - Motion for reopening of record

Current through Vol. 24-12, July 15, 2024
Rule 166.
(1) A
				  party to a proceeding may move for reopening of the record following the close
				  of a hearing conducted under Part 7 of these rules.
(2) The motion shall be filed with either of
				  the following:
(a) The assigned administrative
				  law judge if before the issuance of a decision and recommended order.
(b) The commission after the issuance of a
				  decision and recommended order.
Michigan Administrative Code › Department - Labor and Economic Opportunity › Bureau of Employment Relations › Employment Relations Commission General Rules › Part 6 - MOTION PRACTICE › Section R. 423.167 - Motion for reconsideration following commission decision

Current through Vol. 24-12, July 15, 2024
Rule 167. A party to a proceeding may move for
					 reconsideration after a decision and order is issued by the commission. A
					 motion for reconsideration shall state with particularity the material error
					 claimed and, with respect to any finding of material fact, shall specify the
					 page of the record relied upon. Generally, and without restricting the
					 discretion of the commission, a motion for reconsideration which merely
					 presents the same issues ruled on by the commission, either expressly or by
					 reasonable implication, will not be granted. Any motion pursuant to this rule
					 shall not be filed later than 20 days after the issuance of the commission's
					 final order, except as provided under section 216(c) of PERA or section
					 23(2)(e) of LMA. The filing and pendency of a motion under this rule shall not
					 operate to stay the effectiveness of the action of the commission unless so
					 ordered.
Michigan Administrative Code › Department - Labor and Economic Opportunity › Bureau of Employment Relations › Employment Relations Commission General Rules › Part 7 - HEARINGS › Section R. 423.171 - General provisions

Current through Vol. 24-12, July 15, 2024
Rule 171.
(1) A
				  hearing for the purpose of taking evidence upon a petition or complaint and
				  attached charge shall be conducted by the commission or administrative law
				  judge designated by the commission. The hearing shall be public unless
				  otherwise ordered by the commission or administrative law judge for good cause
				  shown.
(2) A party may do all of
				  the following:
(a) Appear at a hearing in
				  person, by counsel, or by other representative.
(b) Call, examine, and cross-examine
				  witnesses.
(c) Introduce into the
				  record documentary or other evidence.
Michigan Administrative Code › Department - Labor and Economic Opportunity › Bureau of Employment Relations › Employment Relations Commission General Rules › Part 7 - HEARINGS › Section R. 423.172 - Duties and powers of administrative law judge or fact finder

Current through Vol. 24-12, July 15, 2024
Rule 172.
(1) An
				  administrative law judge or fact finder shall inquire fully into the facts
				  involved in the proceeding before him or her.
(2) An administrative law judge or fact
				  finder has the power to do all of the following:
(a) Hold pretrial conferences for settlement
				  or clarification of the issues, either in person or by telephonic or electronic
				  means, and may order the filing of position statements to aid in the pretrial
				  or hearing process.
(b) Dispose of
				  procedural requests, motions, or similar matters.
(c) Continue or adjourn a hearing to a later
				  date.
(d) Take or cause depositions
				  to be taken when the ends of justice would be served thereby.
(e) Grant applications for subpoenas,
				  subpoena witnesses, administer oaths and affirmations, examine witnesses,
				  receive relevant testimony and evidence, rule upon offers of proof, and
				  introduce into the record documentary or other relevant evidence.
(f) Regulate the course of a hearing and, if
				  appropriate or necessary, exclude persons or counsel from the hearing for
				  contemptuous conduct.
(g) Order a
				  hearing reopened before issuance of an administrative law judge's recommended
				  order or fact finder's report.
(h)
				  Take official notice of facts. A judicially noticed fact must be one not
				  subject to reasonable dispute in that it is either generally recognized or
				  capable of accurate and ready determination by resort to sources whose accuracy
				  cannot reasonably be questioned.
(i) Take official notice of common law,
				  administrative law, constitutions, public statutes, private acts, resolutions
				  of public bodies, ordinances, and regulations.
(j) Take any other action necessary and
				  authorized by rules of the commission.
Michigan Administrative Code › Department - Labor and Economic Opportunity › Bureau of Employment Relations › Employment Relations Commission General Rules › Part 7 - HEARINGS › Section R. 423.173 - Oral argument at hearing and briefs

Current through Vol. 24-12, July 15, 2024
Rule 173. A party is entitled upon request to a reasonable
					 period at the close of the hearing for oral argument, which shall be made part
					 of the record. A party is entitled, upon request made before the close of the
					 hearing, to file a brief with the administrative law judge, who may fix a
					 reasonable time for the filing. The commission or administrative law judge may
					 direct the filing of briefs when the filing is, in the opinion of the
					 commission or administrative law judge, warranted by the nature of the
					 proceedings or the particular issues involved. An original and 2 copies shall
					 be submitted for any brief filed in a representation proceeding under part 4 of
					 these rules, unless additional copies are requested.
Michigan Administrative Code › Department - Labor and Economic Opportunity › Bureau of Employment Relations › Employment Relations Commission General Rules › Part 7 - HEARINGS › Section R. 423.175 - Unfair labor practice case decisions and recommended orders

Current through Vol. 24-12, July 15, 2024
Rule 175.
(1) In
				  an unfair labor practice case, the administrative law judge shall prepare a
				  decision and recommended order setting forth findings of fact, conclusions of
				  law, and the reasons for his or her determination on all material
				  issues.
(2) The administrative law
				  judge may recommend dismissal or sustain the complaint and attached charge, in
				  whole or in part, and recommend that respondent cease and desist from the
				  unlawful acts found and take action to remedy their effects, including
				  reinstatement of employees with or without back pay, as appropriate.
(3) In the interest of judicial economy, the
				  administrative law judge may issue a decision from the bench following the
				  conclusion of an oral argument or an evidentiary hearing, unless a party
				  requests to file a post hearing brief. The bench decision does not constitute a
				  decision and recommended order until it is incorporated into a written
				  order.
Michigan Administrative Code › Department - Labor and Economic Opportunity › Bureau of Employment Relations › Employment Relations Commission General Rules › Part 7 - HEARINGS › Section R. 423.176 - Exceptions to administrative law judge's decision and recommended orders; cross exceptions and response; brief in support

Current through Vol. 24-12, July 15, 2024
Rule 176.
(1) Any
				  party may file written exceptions to the decision and recommended order of the
				  administrative law judge, or to any other part of the record or proceedings,
				  including rulings upon motions or objections, and a brief in support thereof.
				  Except as permitted by order of the commission, the combined length of the
				  exceptions and brief is limited to 50 pages, exclusive of tables, indexes and
				  appendixes. The exceptions and brief shall conform to the form and style in
				  R 423.184.
(2) An original and 4 copies of the
				  exceptions and brief shall be filed with the commission, along with all of the
				  following documents:
(a) Two copies of each
				  exhibit, if any, admitted, or offered and marked at hearing by either
				  party.
(b) Two copies of each
				  party's post-hearing briefs.
(c)
				  Two copies of all of the following documents:
(i) Any motion that resulted in a ruling by
				  the administrative law judge dismissing or sustaining the unfair labor practice
				  in whole or part.
(ii) Any brief in
				  support of the motion.
(iii) The
				  response to the motion filed by the opposing party or parties.
(d) Copies of the exceptions and
				  brief and a list of the other documents filed with the exceptions shall be
				  served at the same time on each party to the proceedings, and a statement of
				  service shall be filed under
				  R 423.182
Michigan Administrative Code › Department - Labor and Economic Opportunity › Bureau of Employment Relations › Employment Relations Commission General Rules › Part 7 - HEARINGS › Section R. 423.176a - Extension of time to file certain pleadings after issuance of decision and recommended order

Current through Vol. 24-12, July 15, 2024
(1) A party may file with the commission a
				  written request for an extension of time to file 1 of the following:
(a) Exceptions.
(b) Cross exceptions and supporting
				  brief.
(c) Brief or legal
				  memorandum in support of the decision and recommended order.
(d) Responses to cross exceptions.
Michigan Administrative Code › Department - Labor and Economic Opportunity › Bureau of Employment Relations › Employment Relations Commission General Rules › Part 7 - HEARINGS › Section R. 423.177 - Compliance and enforcement

Current through Vol. 24-12, July 15, 2024
Rule 177.
(1) A
				  compliance request made under this rule shall be limited to a controversy
				  concerning the meaning, interpretation, or scope of a commission order. A
				  request for enforcement of a commission order shall be made in the court of
				  appeals under MCL 423.216(d) and MCL 423.23(2)(e). Both of the following apply:
(a) If, at any time after entry of a
				  commission order or entry of a final court judgment enforcing a commission
				  order, a controversy exists between the parties concerning compliance with the
				  order which cannot be resolved without a formal proceeding, the prevailing
				  party may request that the commission conduct a hearing on such
				  issues.
(b) An original and 4
				  copies of the  request shall be filed with
				  the commission, together with a proof of service of a copy on all other
				  parties, as prescribed in
				  R
				  423.181 and
				  R 423.182.
Michigan Administrative Code › Department - Labor and Economic Opportunity › Bureau of Employment Relations › Employment Relations Commission General Rules › Part 7 - HEARINGS › Section R. 423.178 - Oral argument before commission

Current through Vol. 24-12, July 15, 2024
Rule 178. If a party desires to argue orally before the
					 commission, a written request shall accompany the exceptions, cross exceptions,
					 or the brief in support of the decision and recommended order, and at the same
					 time, the request shall be served on all other parties. The request must
					 indicate "oral argument requested" in bold capital letters on the first page of
					 the pleading under the caption. The commission, on its own motion, may also
					 direct oral argument. The commission shall notify the parties of the time and
					 place of oral argument. The commission may limit the time for oral argument by
					 each party.
Michigan Administrative Code › Department - Labor and Economic Opportunity › Bureau of Employment Relations › Employment Relations Commission General Rules › Part 7 - HEARINGS › Section R. 423.179 - Commission action

Current through Vol. 24-12, July 15, 2024
Rule 179.
(1) Upon
				  the filing of exceptions or cross exceptions, the commission may adopt, modify,
				  or reverse the administrative law judge's decision and recommended order, or
				  grant such other relief as the commission deems necessary to effectuate the
				  purposes of the act.
(2) If the
				  commission identifies an issue not raised by the parties, it may on its own
				  motion direct the parties to file briefs on the issue, or remand the matter to
				  the administrative law judge for additional findings of fact.
Michigan Administrative Code › Department - Labor and Economic Opportunity › Bureau of Employment Relations › Employment Relations Commission General Rules › Part 8 - FILING, SERVICE, RENTENTION, AND DISPOSAL OF DOCUMENTS › Section R. 423.181 - Filing of documents and other pleadings

Current through Vol. 24-12, July 15, 2024
Rule 181.
(1)
				  "Filing" of a document, pleading, or other paper with the commission is
				  considered complete on the date it is delivered to any office of the commission
				  and received and accepted by the commission, administrative law judge, or other
				  agent designated to receive the document, with the intent to enter it in the
				  record. Filing may be accomplished by hand delivery, registered, certified or
				  regular mail, private delivery service, or any other means specifically
				  authorized by the commission or an administrative law judge designated by the
				  commission.
(2) When LMA, PERA, or
				  any of these rules require the filing of an original and extra copies of a
				  document, filing is considered complete on the date a copy is filed, but the
				  original and remaining copies shall be filed within 5 business days.
Michigan Administrative Code › Department - Labor and Economic Opportunity › Bureau of Employment Relations › Employment Relations Commission General Rules › Part 8 - FILING, SERVICE, RENTENTION, AND DISPOSAL OF DOCUMENTS › Section R. 423.183 - Computation of time

Current through Vol. 24-12, July 15, 2024
Rule 183. In computing any period of time prescribed or
					 allowed by LMA, PERA, or these rules, the day of the act, event, or default
					 after which the designated period of time begins to run is not included. The
					 last day of the period so computed is to be included, unless it is a Saturday,
					 Sunday, or legal holiday, in which event the period runs until the end of the
					 next day, which is neither a Saturday, Sunday, nor legal holiday. When the
					 period of time prescribed or allowed is less than 7 days, intermediate
					 Saturdays, Sundays, and legal holidays shall be excluded in the computation.
					 Whenever a party has the right or is required to do some act within a
					 prescribed period after being served with a document or pleading by mail, 3
					 days shall be added to the prescribed period. However, 3 days shall not be
					 added if any extension of time has been granted.