NCJ Number
101103
Journal
Labor Law Journal Volume: 36 Issue: 8 Dated: (August 1985) Pages: 497-514
Date Published
1985
Length
18 pages
Annotation
Following a historical review of public-sector collective bargaining in Michigan, this article examines binding interest arbitration for police and firemen under the Compulsory Arbitration Act (Act 312).
Abstract
Under Act 312, both parties have the right to initiate a dispute to binding arbitration within 30 days after the submission of the dispute mediation. The application for binding arbitration is submitted to the Michigan Employment Relations Commission, which designates an impartial arbitrator to chair a panel that includes a representative of each disputant. The panel is statutorily directed to base its findings, opinions, and order on factors set forth in Act 312. These include consideration of (1) the lawful authority of the employer; (2) stipulations of the parties; (3) the interest of the public and the fiscal ability of the government to meet costs; (4) comparison of hours, wages, and conditions of employment, public and private, in comparable communities; (5) average consumer prices (cost of living); (6) the existing total compensation package; (7) changes in any of the foregoing factors; and (8) other factors. In rendering a decision, the majority of the panel controls, thus making the impartial arbitrator's vote the deciding one. Under the Act, the dispute may be remanded for mediation, the decision is binding, and judicial review is restricted. Overall, Act 312, provides public-sector employees with an alternative to strikes by providing specific procedures for the peaceful resolution of interest disputes. Application of the Act to a dispute involving the Detroit police is illustrated and discussed. 69 footnotes.