reglab/statecodes huggingface dataset:
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. 423.184 - Form and style of motions, briefs, and other pleadings

Current through Vol. 24-12, July 15, 2024
Rule 184.
(1)
				  Motions and briefs filed with the commission or an administrative law judge
				  designated by the commission shall be typewritten on 1 side only of 8 1/2 by
				  11-inch plain white paper, shall have margins not less than 1 inch on each
				  side, shall be in a typeface not smaller than 12 point and shall be
				  double-spaced, except that quotations and footnotes may be single-spaced.
				  Unless expressly increased or decreased by order of the administrative law
				  judge, commission or designee, or other provision under these rules, the size
				  of any pleading is limited to 50 pages, exclusive of tables, indexes, and
				  appendixes.
(2) The original of all
				  pleadings shall be firmly bound with 1 staple in the upper left hand corner or
				  secured with metal fasteners through a standard 2-hole punch perforation at the
				  top. No other method of securing original motions and briefs is acceptable.
				  Copies of pleadings may be secured by any reasonable format.
(3) The first page of each pleading shall
				  bear the caption, case number or numbers, and name of the administrative law
				  judge, if any, or the commission.
(4) Failure to comply with the requirements
				  of this rule may be a basis for rejection of the document.
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. 423.185 - Retention and disposal of commission materials

Current through Vol. 24-12, July 15, 2024
Rule 185. All documents, records, non-records and other
					 materials, public and nonpublic, official and unofficial, shall be maintained
					 and disposed of using the general and bureau specific retention and disposal
					 schedules under section 5 of 1913 PA 271, MCL 399.5, and section 491 of the
					 Michigan penal code, 1931 PA 328, MCL 750.491.
Michigan Administrative Code › Department - Labor and Economic Opportunity › Bureau of Employment Relations › Employment Relations Commission General Rules › Part 9 - NOTICE OF PUBLIC SCHOOL STRIKE OR LOCKOUT › Section R. 423.191 - Notice to commission; filing; service

Current through Vol. 24-12, July 15, 2024
Rule 191.
(1) The
				  initiating party shall notify the commission, in writing in legible English, on
				  a form provided by the commission and filed in compliance with
				  R
				  423.181.
(2) The notice shall contain the name and
				  address of the bargaining representative, if any.
(3) The notice shall be accompanied by an
				  affidavit signed and dated by the initiating party or its agent. The affidavit
				  shall include all of the following information supported by specific facts and
				  available documentary proof:
(a) A statement
				  of how the affiant has personal knowledge of the facts recited in the
				  affidavit.
(b) The date or dates
				  that the strike allegedly occurred.
(c) Whether the alleged strike is
				  continuing.
(d) A clear and concise
				  statement of the facts constituting the alleged violation.
Michigan Administrative Code › Department - Labor and Economic Opportunity › Bureau of Employment Relations › Employment Relations Commission General Rules › Part 9 - NOTICE OF PUBLIC SCHOOL STRIKE OR LOCKOUT › Section R. 423.191a - Prehearing conference

Current through Vol. 24-12, July 15, 2024
Rule 191a.
At the time of issuing notice of the hearing, the
					 commission may direct the parties to appear for a prehearing conference or file
					 a position statement, or both, on or before the date set for hearing. The
					 prehearing conference may resolve any matter upon which the parties agree or
					 which the commission may determine is proper for resolution.
Michigan Administrative Code › Department - Labor and Economic Opportunity › Bureau of Employment Relations › Employment Relations Commission General Rules › Part 9 - NOTICE OF PUBLIC SCHOOL STRIKE OR LOCKOUT › Section R. 423.192 - Hearing on whether a strike occurred

Current through Vol. 24-12, July 15, 2024
Rule 192.
(1) The
				  commission shall convene a hearing pursuant to proper notice, at which the
				  initiating party and the bargaining representative shall be given the
				  opportunity to present evidence of their claims and defenses. The hearing will
				  be conducted before the commission and shall be on the record. A postponement
				  of the hearing shall not be granted without the consent of the commission or
				  its agent.
(2) If a commissioner
				  becomes unavailable, the commission may designate the director of the bureau of
				  employment relations or an attorney in the bureaus labor relations division to
				  participate in the hearing in place of the absent commissioner.
(3) The public school employer or the
				  superintendent of public instruction may petition to become a party to the
				  proceedings, if the public school employer or the superintendent of public
				  instruction is not the initiating party.
(4) The burden of proof is on the initiating
				  party.
(5) 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 9 - NOTICE OF PUBLIC SCHOOL STRIKE OR LOCKOUT › Section R. 423.192a - Notice of names of employees presumed to have engaged in a strike

Current through Vol. 24-12, July 15, 2024
Rule 192a.
(1) If
				  the commission determines that conditions constituting a strike exist, the
				  public school employer or the superintendent of public instruction shall,
				  within 5 business days after notification of the decision, notify the
				  commission, in writing, of each public school employee presumed to have engaged
				  in a strike. The notice shall be on a form furnished by the commission and
				  shall contain all of the following information and items:
(a) The name and home address and, if
				  available, the email address and daytime or cell phone number of each public
				  school employee presumed to have engaged in a strike.
(b) The established daily rate of pay of each
				  employee presumed to have engaged in a strike.
(c) Three sets of mailing labels containing
				  the names and home addresses of the public school employees presumed to have
				  engaged in a strike.
(d) An
				  electronic submission of the mailing list in .csv (comma separated values)
				  format or any other format authorized by the bureau of employment relations
				  before submission.
Michigan Administrative Code › Department - Labor and Economic Opportunity › Bureau of Employment Relations › Employment Relations Commission General Rules › Part 9 - NOTICE OF PUBLIC SCHOOL STRIKE OR LOCKOUT › Section R. 423.193 - Challenge to presumption of participation in a strike

Current through Vol. 24-12, July 15, 2024
Rule 193.
(1) A
				  public school employee who is presumed to have engaged in a strike in violation
				  of section 2 of PERA and who intends to challenge this presumption shall file
				  an answer to the notice served on the employee by the public school employer or
				  superintendent of public instruction. The answer shall be on a form furnished
				  by the commission and shall be filed with the commission within 10 days of the
				  date that the notice asserting that the employee is presumed to have engaged in
				  a strike was served on that employee under R 423.192a.
(2) The answer shall be accompanied by an
				  affidavit signed and dated by the public school employee. Both documents shall
				  be in legible English. The affidavit shall include the following information
				  supported by specific facts and available documentary proof:
(a) A statement of how the public school
				  employee who signed the affidavit has personal knowledge of the facts recited
				  in the affidavit.
(b) A clear and
				  concise statement of the facts upon which the public school employee intends to
				  rely at hearing to rebut the presumption that he or she engaged in a strike in
				  violation of section 2 of PERA.
Michigan Administrative Code › Department - Labor and Economic Opportunity › Bureau of Employment Relations › Employment Relations Commission General Rules › Part 9 - NOTICE OF PUBLIC SCHOOL STRIKE OR LOCKOUT › Section R. 423.194 - Hearing on whether an individual employee participated in a strike

Current through Vol. 24-12, July 15, 2024
Rule 194.
(1) The
				  commission shall convene a hearing within 15 days after the commission receives
				  the answer and affidavit from the public school employee, in accordance with
				  notice requirements in
				  R 423.193(4). At the
				  hearing, the parties shall be given the opportunity to present evidence of
				  their claims and defenses.
(2) The
				  initiating party is entitled to notice of the proceeding and may appear to
				  offer evidence that the public school employee abstained in whole or in part
				  from the full performance of his or her normal duties without permission on a
				  date when a strike occurred.
(3)
				  Whether or not the public school employer or the superintendent of public
				  instruction is the initiating party, the public school employer and
				  superintendent of public instruction are entitled to notice of the proceeding
				  and may appear to offer evidence.
(4) The employee alleged to have been on
				  strike has the burden of proof.
(5)
				  The hearing shall be conducted before the commission, a commissioner, or an
				  administrative law judge designated by the commission. If the hearing is
				  conducted by a commissioner or administrative law judge, he or she shall have
				  the powers and duties set forth in
				  R 423.172. If the hearing is
				  conducted by the commission, the commissions powers shall include the powers in
				  R 423.172. The hearing shall be open
				  to the public unless otherwise ordered by the commission, a commissioner, or an
				  administrative law judge for good cause shown. The record of any hearing or
				  proceeding shall be taken as prescribed in
				  R
				  423.171(8).
(6) 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 9 - NOTICE OF PUBLIC SCHOOL STRIKE OR LOCKOUT › Section R. 423.195 - Exceptions to decision and recommended order; cross exceptions and response; brief in support

Current through Vol. 24-12, July 15, 2024
Rule 195.
(1) Any
				  party may file written exceptions to the decision and recommended order of a
				  commissioner or administrative law judge, or to any other part of the record or
				  proceedings, including rulings upon motions or objections, and a brief in
				  support of the exceptions. 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 the
				  notice and affidavit identifying the employees presumed to have been engaged in
				  a strike in violation of section 2 of PERA.
(b) Two copies of the answer and affidavit of
				  the employee presumed to have been engaged in a strike in violation of section
				  2 of PERA.
(c) Two copies of each
				  exhibit, if any, admitted, or offered and marked at hearing by either
				  party.
(d) Two copies of each
				  partys briefs.
(e) 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 9 - NOTICE OF PUBLIC SCHOOL STRIKE OR LOCKOUT › Section R. 423.196 - Notice of conditions constituting a lockout

Current through Vol. 24-12, July 15, 2024
Rule 196.
(1) A
				  bargaining representative representing public school employees who are alleging
				  an illegal lockout of public school employees in violation of section 2 of PERA
				  shall notify the commission, in writing in legible English, on a form furnished
				  by the commission. The notice shall contain the name and address of the public
				  school employer allegedly liable under section 2a of PERA.
(2) The notice shall be accompanied by an
				  affidavit signed and dated by an agent of the bargaining representative that
				  includes the following information supported by specific facts and available
				  documentary proof:
(a) A statement of how the
				  person who has sworn to the affidavit has personal knowledge of the facts
				  recited in the affidavit.
(b) The
				  date on which the lockout allegedly occurred.
(c) Whether the lockout is
				  continuing.
(d) A clear and concise
				  statement of the facts constituting the alleged violation.
Michigan Administrative Code › Department - Labor and Economic Opportunity › Bureau of Employment Relations › Employment Relations Commission General Rules › Part 9 - NOTICE OF PUBLIC SCHOOL STRIKE OR LOCKOUT › Section R. 423.197 - Prehearing conference

Current through Vol. 24-12, July 15, 2024
Rule 197.
When issuing a notice of the hearing, the commission may
					 direct the parties to appear for a prehearing conference, or file a position
					 statement, or both, on or before the date set for hearing. The prehearing
					 conference may resolve any matter upon which the parties agree or which the
					 commission may determine is proper for resolution.
Michigan Administrative Code › Department - Labor and Economic Opportunity › Bureau of Employment Relations › Employment Relations Commission General Rules › Part 9 - NOTICE OF PUBLIC SCHOOL STRIKE OR LOCKOUT › Section R. 423.198 - Hearing on whether a lockout occurred

Current through Vol. 24-12, July 15, 2024
Rule 198.
(1) A
				  hearing shall be convened, pursuant to proper notice, at which the parties
				  shall be given the opportunity to present evidence of their claims and
				  defenses. The hearing will be conducted before the commission and shall be on
				  the record. A postponement of the hearing shall not be granted without the
				  consent of the commission or its agent.
(2) If a commissioner becomes unavailable,
				  the commission may designate the director of the bureau of employment relations
				  or an attorney in the bureaus labor relations division to participate in the
				  hearing in place of the absent commissioner.
(3) The burden of proof is on the party that
				  filed the notice of lockout.
(4) 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 › Administration of Compulsory Arbitration Act for Labor Disputes in Municipal Police and Fire Departments › Section R. 423.501 - Definitions; A to D

Current through Vol. 24-12, July 15, 2024
Rule 1. As used in these rules:
(a) "Act 312" means 1969 PA 312, MCL 423.231
				to 423.247.
(b) "Advocate" means an
				individual who has represented management or a union in collective bargaining
				or labor relations in the 5 years prior to his or her selection by the
				commission as a nominee for an impartial arbitrator or chair of an arbitration
				hearing panel pursuant to Section 5(1) of 1969 PA 312, MCL 423.23 5(1).
				Advocate also means an individual, including an attorney, who is associated
				with a firm or entity that has represented management or a union in collective
				bargaining or labor relations in the 5 years prior to his or her selection by
				the commission as a nominee for an impartial arbitrator or chair of an
				arbitration hearing panel pursuant to section 5(1) of 1969 PA 312, MCL
				423.235(1).
(c) "Arbitration
				hearing panel" means the impartial arbitrator or chair and 2 delegates who
				conduct an act 312 arbitration hearing.
(d) "Arbitrator" means an individual who is
				appointed by the commission to the Michigan employment relations commission
				panel of arbitrators to be an impartial arbitrator or chair of the arbitration
				panel in an act 312 arbitration hearing.
(e) "Commission" means the employment
				relations commission as established in section 3 of the LMA.
(f) "Commission's panel of arbitrators" means
				those members who are appointed to the Michigan employment relations commission
				panel of arbitrators by the commission.
(g) "Delegate" means an employee or employer
				representative who sits on the act 312 arbitration hearing panel.
(h) "Dispute" means a disagreement regarding
				mandatory subjects of bargaining concerning rates of pay, wages, hours of
				employment, or other conditions of employment.
Michigan Administrative Code › Department - Labor and Economic Opportunity › Bureau of Employment Relations › Administration of Compulsory Arbitration Act for Labor Disputes in Municipal Police and Fire Departments › Section R. 423.502 - Definitions; L to P

Current through Vol. 24-12, July 15, 2024
Rule 2. As used in these rules:
(a) "LMA" means 1939 PA 176, MCL 423.1 to
				423.30 .
(b) "Mediator" means the
				commission, a commission member, or an employee who is designated by the
				commission to perform the functions and duties of mediation pursuant to act
				312, LMA, and PERA in the commission's mediation division.
(c) "PERA" means 1947 PA 336, MCL 423.201 to
				423.217.
(d) "Petition" means the
				document that contains the information specified in
				R 423.505.
(e) "Petitioner" means a person or duly
				authorized agent thereof who files a petition pursuant to the provisions of act
				312 for compulsory arbitration.
(f)
				"Representative" means a person, who may or may not be an attorney, who
				represents a party in an act 312 proceeding.
Michigan Administrative Code › Department - Labor and Economic Opportunity › Bureau of Employment Relations › Administration of Compulsory Arbitration Act for Labor Disputes in Municipal Police and Fire Departments › Section R. 423.503 - Mediation

Current through Vol. 24-12, July 15, 2024
Rule 3.
(1) It is
				the policy of the commission to encourage parties to a labor dispute to settle
				their disputes through the collective bargaining process subject to section 30
				of 1939 PA 176, MCL 423.30, and section 15 of 1947 PA 336, MCL 423.215. If the
				issues in dispute cannot be resolved through the collective bargaining process,
				then either party may request, or the commission may initiate,
				mediation.
(2) Upon the request of
				1 of the parties to the dispute, or upon its own initiative, the commission
				shall appoint a mediator.
(3) The
				mediator may do any of the following:
(a)
				Arrange for, hold, adjourn, or reconvene a conference or conferences between
				the disputants or any of their representatives, or both.
(b) Direct the disputants or their
				representatives, or both, to attend the conference and submit, either orally or
				in writing, their disputes.
(c)
				Discuss the disputes with the disputants or their representatives.
(d) Assist in negotiating and drafting
				agreements for the adjustment or settlement of the disputes.
Michigan Administrative Code › Department - Labor and Economic Opportunity › Bureau of Employment Relations › Administration of Compulsory Arbitration Act for Labor Disputes in Municipal Police and Fire Departments › Section R. 423.504 - Mediator's report to commission

Current through Vol. 24-12, July 15, 2024
Rule 4. If binding arbitration proceedings are initiated, the
				  mediator shall submit a written mediation report to the commission. The report
				  shall include the following information:
(a) The date of the first mediation
				conference convened with the parties to the dispute and the number of dates and
				times of subsequent bargaining sessions and mediation conferences
				held.
(b) A recommendation to the
				commission as to whether it would be useful or beneficial to remand the dispute
				to the parties for further collective bargaining.
Michigan Administrative Code › Department - Labor and Economic Opportunity › Bureau of Employment Relations › Administration of Compulsory Arbitration Act for Labor Disputes in Municipal Police and Fire Departments › Section R. 423.505 - Petition to initiate compulsory arbitration

Current through Vol. 24-12, July 15, 2024
Rule 5.
(1) The
				petition shall be prepared on a form furnished by the commission. The original
				shall be signed and served on the other party. At the same time, 3 copies,
				along with a proof of service, shall be filed with the commission.
(2) The petition shall include all of the
				following:
(a) The name and address of the
				public employer involved and the name, fax number, email address, and telephone
				number of its principal representative.
(b) The name and address of the collective
				bargaining representative involved and the name, fax number, email address, and
				telephone number of its principal representative.
(c) The name and address of the petitioner
				and the signature, fax number, email address, and telephone number of the
				person executing the petition.
(d)
				Date of the first mediation conference convened with the parties to the
				dispute.
Michigan Administrative Code › Department - Labor and Economic Opportunity › Bureau of Employment Relations › Administration of Compulsory Arbitration Act for Labor Disputes in Municipal Police and Fire Departments › Section R. 423.506 - Arbitrator selection

Current through Vol. 24-12, July 15, 2024
Rule 6.
(1) If a
				commission-nominated panel member is an advocate as defined in R423.501(b),
				either party may notify the other party and may request that the commission
				delete the panel member's name from the list of nominees. The commission shall
				provide the parties with a replacement name of an arbitrator who is not an
				advocate. The request will extend the time limits in section 5(1) of act 312,
				MCL 423.235(1), by whatever reasonable time is necessary for the commission to
				provide the parties with another nominee and resume. If an arbitrator is not
				selected within 10 days, the commission may select an arbitrator.
(2) Prior to an appointment by the
				commission, the parties may mutually agree upon the selection of an arbitrator
				from the commission's panel of arbitrators or an arbitrator who is eligible for
				membership on that panel and notify the commission of their
				selection.
(3) An arbitrator's
				resume shall include all the following information:
(a) A brief summary of the arbitrator's
				educational and professional background.
(b) A list of the arbitrator's past 5 years
				of employment and an accurate statement of whether the arbitrator is an
				"advocate" as defined in
				R
				423.501(b).
(c) A list of the arbitrator's commission
				arbitration awards and fact finding reports.
(d) A list that shows the percentage of
				advocacy work, if any, which was performed by the arbitrator and the
				arbitrator's firm or other entity with which the arbitrator has been associated
				on an annual basis for the past 5 years.
Michigan Administrative Code › Department - Labor and Economic Opportunity › Bureau of Employment Relations › Administration of Compulsory Arbitration Act for Labor Disputes in Municipal Police and Fire Departments › Section R. 423.507 - Arbitration hearing

Current through Vol. 24-12, July 15, 2024
Rule 7.
(1) An
				arbitrator shall begin the hearing by conducting a scheduling conference within
				15 days of the arbitrator's appointment. The scheduling conference may be
				conducted by telephone conference call. A court reporter need not be present at
				the scheduling conference.
(2) The
				scheduling conference shall be used to discuss matters relating to the
				proceeding, including all of the following:
(a) Issues raised in the petition for binding
				arbitration submitted to the commission.
(b) Issues that the parties have
				resolved.
(c) Whether the issues in
				dispute are economic or noneconomic.
(d) The dates, times, place, and manner for
				all of the following:
(i) Exchange of a list
				of comparable communities to be used under sections 9(d)(i) and 9(d)(ii) of
				1969 PA 312, MCL 423.239(1)(d)(i) and MCL 423.239(1)(d)(ii).
(ii) Exchange of applicable collective
				bargaining agreements or tentative agreements, or both, and applicable
				documents, if the collective bargaining agreement has not been completed and
				executed, for all comparable communities not listed by the opposing
				party.
(iii) The procedure and
				hearing dates for the determination of issues in subrule 3(a) and (b) of this
				rule.
(iv) The start of the
				evidentiary hearing unless that date will be established under subrule 3(d) of
				this rule.
(e) The
				exhibits to be entered into evidence, the method to be used for marking the
				exhibits, the number of copies of exhibits to be provided by the parties, and
				the dates and means of exchanging exhibits before hearing.
(f) The list of witnesses, including experts,
				to be presented by each party.
(g)
				The list of comparables for purposes of wages and benefits.
(h) The procedural format for the
				hearing.
(i) Any subpoenas,
				stipulations, or depositions.
(j)
				Whether oral arguments or written briefs are to be submitted.
(k) Other matters the panel considers
				appropriate.
Michigan Administrative Code › Department - Labor and Economic Opportunity › Bureau of Employment Relations › Administration of Compulsory Arbitration Act for Labor Disputes in Municipal Police and Fire Departments › Section R. 423.509 - Arbitrator; powers and duties

Current through Vol. 24-12, July 15, 2024
Rule 9.
(1) In
				addition to the duties specified in act 312, the panel shall do all of the
				following:
(a) Obtain a full and complete
				record.
(b) Place on the record or
				state in the award all agreements that are reached between the parties,
				including portions of any previous labor agreement that the parties adopt as
				part of their current agreement. The award or record shall contain or identify,
				by specific reference, the parties' stipulated settlement of all issues that
				were not presented for arbitration and indicate how the issues were
				resolved.
(c) If the parties agree
				to a hearing extension, the arbitrator shall reduce the agreement to writing,
				obtain the signatures of both parties, and notify the commission, in writing,
				with copies, of all written agreements between the parties that extend the
				arbitration hearing. Except as permitted under section 7a of act 312, MCL
				423.23 7a, the hearing which includes the filing of any posthearing briefs
				shall not extend beyond 180 days from the start of the scheduling
				conference.
(d) After a hearing is
				closed, the hearing may be reopened for good cause shown.
Michigan Administrative Code › Department - Labor and Economic Opportunity › Bureau of Employment Relations › Administration of Compulsory Arbitration Act for Labor Disputes in Municipal Police and Fire Departments › Section R. 423.511 - Filing of posthearing briefs and proposed findings

Current through Vol. 24-12, July 15, 2024
Rule 11. Any party may, upon a request made before the close
				  of the evidentiary hearing, file a posthearing brief or proposed findings and
				  conclusions, or both, at a time fixed by the arbitrator who conducts the
				  hearing. The arbitrator may direct the filing of briefs when considered
				  warranted. The filing of a posthearing brief shall not extend the hearing
				  timeline beyond 180 days from the start of the scheduling
				  conference.
Michigan Administrative Code › Department - Labor and Economic Opportunity › Bureau of Employment Relations › Administration of Compulsory Arbitration Act for Labor Disputes in Municipal Police and Fire Departments › Section R. 423.512 - Arbitration panel posthearing conference

Current through Vol. 24-12, July 15, 2024
Rule 12. After the close of the hearing and before the
				  rendering of an award, a posthearing conference shall be held at the request of
				  either delegate or the arbitrator. The posthearing conference shall be limited
				  to the delegate of each party and the arbitrator. Any and all matters that have
				  been placed into the record of the hearing may be discussed. The posthearing
				  conference shall not delay the time period specified in section 6 of act 312,
				  MCL 423.235, for making findings of fact, promulgating a written opinion and
				  order, and mailing copies.
Michigan Administrative Code › Department - Labor and Economic Opportunity › Bureau of Employment Relations › Administration of Compulsory Arbitration Act for Labor Disputes in Municipal Police and Fire Departments › Section R. 423.513 - Panel findings, opinion, and award

Current through Vol. 24-12, July 15, 2024
Rule 13.
(1) The
				impartial arbitrator shall ensure that the final award is subscribed to by a
				majority of the arbitration hearing panel.
(2) The arbitrator shall notify the parties
				in writing or via email of an extension of up to 60 additional days for
				issuance of an award.
(3) The
				written decision and award of the panel shall contain all of the following
				information:
(a) The names of both
				parties.
(b) The advocates for both
				parties.
(c) The names of the
				members of the arbitration hearing panel.
(d) Each party's final offer of settlement of
				the issues in dispute.
(e) A list
				of the economic and noneconomic issues in dispute as identified by the
				arbitration hearing panel.
(f) A
				finding of fact and opinion based on the record made before the arbitration
				hearing panel. The finding of fact and opinion shall include a detailed
				discussion of the relation of the criteria specified in section 9 of act 312 to
				both the economic and noneconomic issues.
(g) The date the decision is
				rendered.
(h) The signatures of the
				panel member or members who approved the award or any of the issues in the
				award.
Michigan Administrative Code › Department - Labor and Economic Opportunity › Bureau of Employment Relations › Administration of Compulsory Arbitration Act for Labor Disputes in Municipal Police and Fire Departments › Section R. 423.514 - Costs

Current through Vol. 24-12, July 15, 2024
Rule 14.
(1) The
				parties to a hearing may obtain information with regard to the per diem and
				other charges of the arbitrator upon filing a request with the commission. An
				arbitrator shall not charge more than 2 preparation days for each day of
				hearing without advance permission to do so from the commission or its
				designee.
(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 transcript of a deposition may be
				ordered at the expense of the party who ordered the transcript. 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 arbitration hearing panel
				record.
(4) The costs listed in
				this rule are in addition to the costs identified elsewhere in these
				rules.
Michigan Administrative Code › Department - Labor and Economic Opportunity › Bureau of Employment Relations › Administration of Compulsory Arbitration Act for Labor Disputes in Municipal Police and Fire Departments › Section R. 423.515 - Retention and disposal of commission materials

Current through Vol. 24-12, July 15, 2024
Rule 15. All documents, records, non-records and other
				  materials, public and nonpublic, official and unofficial, shall be maintained
				  and disposed of using the general and bureau specific retention and disposal
				  schedules pursuant to section 5 of 1913 PA 271, MCL 399.5, and section 491 of
				  the Michigan penal code, 1931 PA 328, MCL 750.491.
Michigan Administrative Code › Department - Labor and Economic Opportunity › Bureau of Services for Blind Persons › Vending Facility Program Rules › Section R. 393.3 - Program eligibility

Current through Vol. 24-12, July 15, 2024
Rule 3.
(1) A blind
				individual is eligible for the vending facility program and is eligible for
				program training and assignments if any of the following provisions apply:
(a) The person is unemployed.
(b) The person is earning a weekly wage less
				than or equal to 40 hours times the current federal minimum wage.
(c) The person is employed in a program
				vending facility.
(d) The person is
				an active rehabilitation client whose vocational objective is placement in the
				program, whose name is placed on the potential licensees' list, and who takes
				employment while waiting to be placed in the program. In this case, the
				potential licensee remains on the potential licensees' list with full rights as
				a potential licensee until either of the following occurs:
(i) The person is awarded a program vending
				facility.
(ii) The person elects to
				have his or her name removed from the potential licensees' list.
Michigan Administrative Code › Department - Labor and Economic Opportunity › Bureau of Services for Blind Persons › Vending Facility Program Rules › Section R. 393.4 - Client interview; referral for alternative services; evaluation; testing; training; remedial training

Current through Vol. 24-12, July 15, 2024
Rule 4.
(1) If a
				client and counselor decide that the vocational objective of vending facility
				licensure fits the client's skills and interests, then the counselor shall
				request an interview with a member of the program staff. The request for an
				interview shall be made to the program trainer.
(2) If a candidate is not considered to be
				eligible to be a vending facility licensee by the program trainer, then the
				candidate shall be referred to the counselor for alternative services. The
				candidate shall satisfy all of the following criteria:
(a) Be interested in meeting the public on a
				daily basis.
(b) Understand the
				concept of customer service.
(c)
				Understand appropriate business attire.
(d) Be willing to relocate.
Michigan Administrative Code › Department - Labor and Economic Opportunity › Bureau of Services for Blind Persons › Vending Facility Program Rules › Section R. 393.5 - Establishment of program entrance requirements; candidate evaluation

Current through Vol. 24-12, July 15, 2024
Rule 5.
(1) The
				commission board, with the active participation of the committee, shall
				establish and set forth entrance requirements for the program.
(2) Each candidate for the program shall be
				evaluated in all of the following areas:
(a)
				Reading, mathematics, and communications.
(b) Orientation and mobility.
(c) Daily living skills.
Michigan Administrative Code › Department - Labor and Economic Opportunity › Bureau of Services for Blind Persons › Vending Facility Program Rules › Section R. 393.6 - Vending facility training

Current through Vol. 24-12, July 15, 2024
Rule 6.
(1) Vending
				facility training shall include both classroom training and on the job
				training.
(2) The course content of
				the classroom training shall include all of the following topics:
(a) A history and overview of the
				program.
(b) The
				Randolph
-
Sheppard program and all applicable laws, regulations,
				and policies.
(c) Methods of
				managing a vending stand, including all of the following:
(i) Sanitation.
(ii) Bookkeeping.
(iii) Product management.
(iv) Marketing skills and
				techniques.
(v) Customer relations
				skills.
(vi) Program reporting
				requirements.
(vii) Applicable
				employer laws, rules, and regulations.
(d) Equipment certification.
Michigan Administrative Code › Department - Labor and Economic Opportunity › Bureau of Services for Blind Persons › Vending Facility Program Rules › Section R. 393.7 - Vending facility on the job training

Current through Vol. 24-12, July 15, 2024
Rule 7.
(1) A client
				shall successfully complete and pass on the job training before being awarded a
				license. If the client does not pass the initial on the job training, then he
				or she may be reassigned to a second on the job training. However, if the
				client fails the second on the job training, then he or she is terminated from
				the vending facility training program and cannot be placed on the potential
				licensee list.
(2) A candidate who
				does not report for training and who cannot reasonably explain the absence
				shall be considered by the trainer to have failed on the job
				training.
(3) A candidate who
				attempts to defraud the commission or who steals money or merchandise from the
				trainer shall be summarily suspended from training. The commission will conduct
				an investigation. If the investigation substantiates the fraud or theft, then
				the candidate will be expelled from the program and may not be considered for
				the program for a period of 5 years. A candidate who disagrees with the finding
				of the investigation can appeal the finding through a process established under
				the vocational rehabilitation act of 1973, as amended in 1992, 29 U.S.C.
				31
-
42 § 100
-
803 et seq.
(4) The commission board, with the active
				participation of the committee, shall establish standards for on the job
				training.
(5) A licensee who serves
				as an on the job trainer shall be certified through a training program provided
				by the commission.
(6) A licensee
				certified as an on
-
the
-
job trainer has all of the
				following responsibilities:
(a) To ensure that
				all components of the on the job training assessment are evaluated and that the
				trainee is given the opportunity to independently demonstrate proficiency in
				all areas.
(b) To provide the full
				amount of time for on the job training as determined by the commission board
				with the active participation of the committee.
(c) To properly complete and submit an on the
				job training evaluation during the last day of on the job training. On the job
				training reports are a part of the vocational rehabilitation file and as such
				are governed by the vocational rehabilitation confidentiality
				requirements.
Michigan Administrative Code › Department - Labor and Economic Opportunity › Bureau of Services for Blind Persons › Vending Facility Program Rules › Section R. 393.8 - Cafeteria facility training

Current through Vol. 24-12, July 15, 2024
Rule 8.
(1) The
				commission board, with the active participation of the committee, shall
				establish and publish, in the business enterprise program operations manual,
				the requirements for cafeteria facility training. To enter into the program as
				a cafeteria vending facility licensee, a person shall meet all of the
				established requirements.
(2) The
				requirements for cafeteria facility training are as follows:
(a) College level classes in food service.
				The commission board, with the active participation of the committee, shall
				establish and publish, in the business enterprise program operations manual,
				the college level classes required.
(b) Vending facility training.
(c) Cafeteria on the job training.
(d) Vending facility on the job
				training.
Michigan Administrative Code › Department - Labor and Economic Opportunity › Bureau of Services for Blind Persons › Vending Facility Program Rules › Section R. 393.9 - Candidate referral packet

Current through Vol. 24-12, July 15, 2024
Rule 9. A rehabilitation counselor shall refer a candidate
				  for the program to the administrator by means of a referral packet, which shall
				  consist of all of the following:
(a)
				Employment profile data, which may include the following:
(i) Purposes and goals of the
				referral.
(ii) Prior experience in
				food service.
(iii) Education and
				work history.
(iv) Selected
				vocational goals.
Michigan Administrative Code › Department - Labor and Economic Opportunity › Bureau of Services for Blind Persons › Vending Facility Program Rules › Section R. 393.10 - License issuance and eligibility requirements

Current through Vol. 24-12, July 15, 2024
Rule 10. A license shall be issued only to a person who, as
				  determined by the commission, meets all of the following requirements:
(a) Is blind as certified by a licensed
				ophthalmologist or optometrist. If a licensee obtains corrective surgery or his
				or her vision improves through other means, then the licensee shall be required
				to submit a new eye exam.
(b) Is
				not less than 18 years of age.
(c)
				Is certified by the commission as qualified to operate a vending
				facility.
(d) Does not owe money
				under the circumstances described in
				R
				393.3(3).
Michigan Administrative Code › Department - Labor and Economic Opportunity › Bureau of Services for Blind Persons › Vending Facility Program Rules › Section R. 393.11 - Licensing procedure

Current through Vol. 24-12, July 15, 2024
Rule 11.
(1) To be
				licensed, a person shall comply with all of the following requirements:
(a) Be certified by the commission as
				qualified to operate a vending facility.
(b) Be placed on the potential licensee
				list.
(c) Bid on a
				facility.
(d) Be awarded a
				facility.
(e) Sign an inventory for
				the facility.
(f) Successfully
				operate a facility for 6 months.
Michigan Administrative Code › Department - Labor and Economic Opportunity › Bureau of Services for Blind Persons › Vending Facility Program Rules › Section R. 393.12 - License entitlements; license display; license validity

Current through Vol. 24-12, July 15, 2024
Rule 12.
(1) A
				license entitles a licensee to all rights and protections under the
				Randolph
-
Sheppard act of 1936, as amended,
				20 U.S.C.
				§107 et seq., as well as the act and
				corresponding promulgated rules.
(2) A license shall be displayed at the
				vending facility at all times.
(3)
				A license is valid only while the licensee is actively operating a facility
				with a valid agreement or has signed a letter of acceptance before transferring
				to a new vending facility.
Michigan Administrative Code › Department - Labor and Economic Opportunity › Bureau of Services for Blind Persons › Vending Facility Program Rules › Section R. 393.13 - License termination

Current through Vol. 24-12, July 15, 2024
Rule 393.13 .
Rule 13. A license is issued in accordance with the
				  Randolph-Sheppard act of 1936, as amended,
				  20 U.S.C.
				  §107 et seq. and is subject to summary
				  suspension or revocation, for cause, if the vending facility is not operated
				  pursuant to the commission's rules and policies, the terms and conditions of
				  the permit, or the agreement with the licensee.
Michigan Administrative Code › Department - Labor and Economic Opportunity › Bureau of Services for Blind Persons › Vending Facility Program Rules › Section R. 393.14 - Summary license suspension

Current through Vol. 24-12, July 15, 2024
Rule 14.
(1) If the
				commission finds that the public health, safety, or welfare requires emergency
				action and incorporates this finding in its order, then summary suspension of a
				license may be ordered effective on the date specified in the order or on
				service of a certified copy of the order on the licensee, whichever is later,
				and will remain in effect during the suspension proceedings. The proceedings
				shall be promptly commenced to determine if license revocation is justified.
				Reasons for summary license suspension may include any of the following:
(a) The commission's equipment, merchandise,
				property, or business is in jeopardy or has been degraded.
(b) The operator is not carrying workers'
				disability compensation coverage.
(c) The public health, safety, or welfare is
				at risk as a result of a licensee's action.
Michigan Administrative Code › Department - Labor and Economic Opportunity › Bureau of Services for Blind Persons › Vending Facility Program Rules › Section R. 393.15 - License revocation

Current through Vol. 24-12, July 15, 2024
Rule 15.
(1) The
				commission may revoke a license issued to a blind person for the operation of a
				vending facility on federal, state, or other property for any of the following
				reasons:
(a) A licensee's vision has improved
				to the extent that he or she no longer meets the requirements of the act. The
				commission may periodically request that a licensee submit to an updated eye
				examination. The licensee shall select the service provider and the commission
				shall pay the cost of the eye examination. If either the commission or the
				licensee requests a second opinion, then the requesting party shall bear the
				cost of the second examination. The commission may request that a licensee
				submit to an updated eye examination when the commission's consultant has
				reviewed the original eye examination and advised the commission that there is
				some possibility of vision improvement. A licensee for whom there is no
				possibility of improved vision shall not be required to have an updated eye
				examination.
(b) Voluntary
				withdrawal from the program.
(c) An
				extended illness of a licensee which has been medically diagnosed and
				documented and which will result in the prolonged incapacity of the licensee to
				operate the vending facility in a manner consistent with the needs of the
				vending facility or other available locations in the vending facility
				program.
(d) A violation of the
				terms and conditions of
				R
				393.24,
				R
				393.25,
				R
				393.26,
				R
				393.27,
				R
				393.28,
				R
				393.29,
				R
				393.30,
				R
				393.31, or
				R 393.32.
(e) A violation of the terms and conditions
				of the vending stand agreement with the commission.