Bill Text: MI HB5325 | 2009-2010 | 95th Legislature | Introduced
Bill Title: Labor; arbitration; arbitration requirements; modify. Amends secs. 8 & 9 of 1969 PA 312 (MCL 423.238 & 423.239).
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2009-09-10 - Printed Bill Filed 09/10/2009 [HB5325 Detail]
Download: Michigan-2009-HB5325-Introduced.html
HOUSE BILL No. 5325
September 9, 2009, Introduced by Rep. Haveman and referred to the Committee on Labor.
A bill to amend 1969 PA 312, entitled
"An act to provide for compulsory arbitration of labor disputes in
municipal police and fire departments; to define such public
departments; to provide for the selection of members of arbitration
panels; to prescribe the procedures and authority thereof; and to
provide for the enforcement and review of awards thereof,"
by amending sections 8 and 9 (MCL 423.238 and 423.239).
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 8. At or before the conclusion of the hearing held
pursuant
to under section 6, the arbitration panel shall identify
the
economic issues in dispute , and
direct each of the parties to
submit,
within such the time limit as the panel shall prescribe
prescribes, to the arbitration panel and to each other its last
offer of settlement on each economic issue. The determination of
the arbitration panel as to the issues in dispute and as to which
of
these issues are economic shall be is conclusive. The
arbitration panel, within 30 days after the conclusion of the
hearing,
or such any further additional periods to which the
parties may agree, shall make written findings of fact and
promulgate a written opinion and order upon the issues presented to
it and upon the record made before it, and shall mail or otherwise
deliver a true copy thereof to the parties and their
representatives and to the employment relations commission. As to
each economic issue, the arbitration panel shall adopt the last
offer of settlement which, in the opinion of the arbitration panel,
more
nearly complies with the applicable factors prescribed in
section 9. Alternatively, if it provides notice to the arbitration
panel and the other party no fewer than 5 days before last best
offers are due, a party may submit its last best offer on economic
issues as an indivisible package. The findings, opinions, and order
as to all other issues shall be based upon the applicable factors
prescribed
in section 9. This section as
amended shall be
applicable
only to arbitration proceedings initiated under section
3
on or after January 1, 1973.
Sec.
9. (1) Where there is no agreement between the parties,
or
where there is an agreement but the parties If the parties do
not agree or have begun negotiations or discussions looking to a
new
agreement or amendment of the existing agreement , and wage
rates or other conditions of employment under the proposed new or
amended agreement are in dispute, the arbitration panel shall base
its findings, opinions, and order upon the following factors, as
applicable:
(a) The interests and welfare of the public and the financial
ability of the unit of government to pay. In determining the
ability of the unit of government to pay, the arbitration panel
shall not consider unused millage or assessment capacity but shall
consider all of the following:
(i) The financial impact on the community of any award made by
the arbitration panel over a minimum of 5 years from the date of
the award.
(ii) All liabilities, whether or not they appear on the balance
sheet of the unit of government.
(iii) The financial climate of the region, state, and country.
(iv) The obligation of the unit of government to adhere to the
requirement of operating under a balanced budget and not to engage
in deficit spending.
(b) (a)
The lawful authority of the
employer.
(c) (b)
Stipulations of the parties.
(c)
The interests and welfare of the public and the financial
ability
of the unit of government to meet those costs.
(d) Comparison of the wages, hours, and conditions of
employment of the employees involved in the arbitration proceeding
with the wages, hours, and conditions of employment of other
employees performing similar services and with other employees
generally in both of the following:
(i) In public Public employment in
comparable communities.
(ii) In private Private employment in
comparable communities.
(e) The pay and benefits of other employees of the unit of
government outside of the bargaining unit in question.
(f) (e)
The average consumer prices for
goods and services,
commonly known as the cost of living.
(g) (f)
The overall compensation presently
received by the
employees, including direct wage compensation, vacations, holidays
and other excused time, insurance and pensions, medical and
hospitalization benefits, the continuity and stability of
employment, and all other benefits received.
(h) (g)
Changes in any of the foregoing
circumstances during
the
pendency of while the arbitration proceedings are pending.
(i) (h)
Such other factors, not confined to the foregoing,
which
Other factors that are normally or traditionally taken into
consideration in the determination of wages, hours, and conditions
of employment through voluntary collective bargaining, mediation,
fact-finding, arbitration, or otherwise between the parties, in the
public service, or in private employment.
(2) The arbitration panel shall afford weight to the factors
listed in subsection (1), as follows:
(a) Most significance shall be give to a determination that
the unit of government does not have the financial ability to pay
if that determination is supported by competent, material, and
substantial evidence.
(b) The internal comparable pay and benefits under factor
(1)(e) shall be given more significance than that of the external
comparables under (1)(d).
(3) The arbitration panel shall not require a unit of
government to consolidate services or enter into an automatic
mutual aid pact and shall not impose other management decisions
concerning operation of the unit of government as part of the
settlement of the arbitration.
