HOUSE BILL No. 4050


     January 8, 1997, Introduced by Rep. Anthony and referred to the Committee on Labor and Occupational Safety.


        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 arbitra-
   tion panels; to prescribe the procedures and authority thereof;
   and to provide for the enforcement and review of awards thereof,"

   by amending the title and sections 1, 2, 3, and 10 (MCL 423.231,

   423.232, 423.233, and 423.240).

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 1                                  TITLE

 2         An act to provide for compulsory arbitration of labor dis-

 3    putes in municipal police and fire departments AND THE PUBLIC

 4    SCHOOLS;  to define such public departments;  to provide for the

 5    selection of members of arbitration panels; to prescribe the pro-

 6    cedures and authority  thereof  OF ARBITRATION PANELS; and to

 7    provide for the enforcement and review of ARBITRATION awards.

 8     thereof. 


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 1         Sec. 1.  It is the public policy of this state that in

 2    public police and fire departments AND IN THE PUBLIC SCHOOLS,

 3     where  IN WHICH the right of employees to strike is by law pro-

 4    hibited, it is requisite to the high morale of  such  THOSE

 5    employees and the efficient operation of  such  POLICE AND FIRE

 6    departments AND SCHOOLS to afford an alternate, expeditious,

 7    effective, and binding procedure for the resolution of disputes,

 8    and to that end the provisions of this act, providing for compul-

 9    sory arbitration, shall be liberally construed.

10         Sec. 2.  (1) Public police and fire departments means any

11     department of a city, county, village, or township having employ-

12     ees engaged as policemen, or in fire fighting or subject to the

13     hazards thereof, emergency medical service personnel employed by

14     a police or fire department, or an emergency telephone operator

15     employed by a police or fire department.  AS USED IN THIS ACT:

16         (A)  (2) Emergency medical service personnel for purposes of

17     this act includes a person who provides  "EMERGENCY MEDICAL SERV-

18    ICE PERSONNEL" MEANS EMPLOYEES WHO PROVIDE assistance at dis-

19    patched or observed medical emergencies occurring outside a rec-

20    ognized medical facility including instances of heart attack,

21    stroke, injury accidents, electrical accidents, drug overdoses,

22    imminent childbirth, and other instances  where  IN WHICH there

23    is the possibility of death or further injury;  initiates 

24    INITIATE stabilizing treatment or transportation of injured from

25    the emergency site; and  notifies  NOTIFY police or interested

26    departments of certain situations encountered including criminal

27    matters, poisonings, and the report of contagious diseases.



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 1    Emergency  telephone operator for the purpose of this act

 2     includes  MEDICAL SERVICE PERSONNEL DOES NOT INCLUDE A PERSON WHO

 3    IS EMPLOYED BY A PRIVATE EMERGENCY MEDICAL SERVICE WORKING UNDER

 4    A CONTRACT WITH A GOVERNMENTAL UNIT OR A PERSON WHO WORKS IN AN

 5    EMERGENCY SERVICE ORGANIZATION WHOSE DUTIES ARE SOLELY OF AN

 6    ADMINISTRATIVE OR SUPPORTING NATURE AND WHO DOES NOT OTHERWISE

 7    MEET THE REQUIREMENTS OF THIS SUBDIVISION.

 8         (B) "EMERGENCY TELEPHONE OPERATOR" MEANS a person employed

 9    by a police or fire department for the purpose of relaying emer-

10    gency calls to police, fire, or emergency medical service

11    personnel.

12          (3) This act shall not apply to persons employed by a pri-

13     vate emergency medical service company who work under a contract

14     with a governmental unit or personnel working in an emergency

15     service organization whose duties are solely of an administrative

16     or supporting nature and who are not otherwise qualified under

17     subsection (2). 

18         (C) "INTERMEDIATE SCHOOL DISTRICT" MEANS THAT TERM AS

19    DEFINED IN SECTION 4 OF THE REVISED SCHOOL CODE, 1976 PA 451,

20    MCL 380.4.

21         (D) "PUBLIC POLICE AND FIRE DEPARTMENTS" MEANS ANY DEPART-

22    MENT OF A CITY, COUNTY, VILLAGE, OR TOWNSHIP THAT HAS EMPLOYEES

23    ENGAGED AS POLICE OFFICERS OR FIRE FIGHTERS, OR HAS EMPLOYEES WHO

24    ARE SUBJECT TO THE HAZARDS OF FIRE FIGHTING.  EMERGENCY MEDICAL

25    SERVICE PERSONNEL AND EMERGENCY TELEPHONE OPERATORS EMPLOYED BY A

26    POLICE OR FIRE DEPARTMENT ARE CONSIDERED EMPLOYEES OF POLICE AND

27    FIRE DEPARTMENTS WHO ARE SUBJECT TO THIS ACT.



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 1         (E) "PUBLIC SCHOOL" MEANS A SCHOOL DISTRICT, INTERMEDIATE

 2    SCHOOL DISTRICT, OR PUBLIC SCHOOL ACADEMY, OR A JOINT ENDEAVOR OR

 3    CONSORTIUM CONSISTING OF ANY COMBINATION OF SCHOOL DISTRICTS,

 4    INTERMEDIATE SCHOOL DISTRICTS, OR PUBLIC SCHOOL ACADEMIES.

 5         (F) "PUBLIC SCHOOL ACADEMY" MEANS A PUBLIC SCHOOL ACADEMY

 6    ORGANIZED UNDER PART 6A OR 6B OF THE REVISED SCHOOL CODE, 1976

 7    PA 451, MCL 380.501 TO 380.507 AND 380.511 TO 380.518.

 8         (G) "SCHOOL DISTRICT" MEANS THAT TERM AS DEFINED IN SECTION

 9    6 OF THE REVISED SCHOOL CODE, 1976 PA 451, MCL 380.6, OR A LOCAL

10    ACT SCHOOL DISTRICT AS DEFINED IN SECTION 5 OF THE REVISED SCHOOL

11    CODE, 1976 PA 451, MCL 380.6.

12         Sec. 3.  Whenever  IF in the course of mediation of A DIS-

13    PUTE, OTHER THAN A GRIEVANCE DISPUTE, BETWEEN a public police or

14    fire department  employee's dispute, except a dispute concerning

15     the interpretation or application of an existing agreement (a

16     "grievance" dispute)  OR BETWEEN A PUBLIC SCHOOL AND ITS

17    EMPLOYEES, the dispute has not been resolved to the agreement of

18    both parties within 30 days  of  AFTER the submission of the dis-

19    pute to mediation, or within  such further  additional periods to

20    which the parties may agree, the employees or employer may initi-

21    ate binding arbitration proceedings UNDER THIS ACT by  prompt 

22    MAKING A WRITTEN request  therefor, in writing,  to the other  ,

23     with  PARTY AND PROVIDING A copy to the employment relations

24    commission.  AS USED IN THIS SECTION, "GRIEVANCE DISPUTE" MEANS A

25    DISPUTE CONCERNING THE INTERPRETATION OR APPLICATION OF AN EXIST-

26    ING AGREEMENT.





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 1         Sec. 10.  A majority decision of the arbitration panel, if

 2    supported by competent, material, and substantial evidence on the

 3    whole record,  shall be  IS final and binding upon the parties,

 4    and may be enforced  , at the instance of  BY either party or

 5     of  BY the arbitration panel in the circuit court for the county

 6    in which the dispute arose or in which a majority of the affected

 7    employees reside.  The commencement of a new municipal OR SCHOOL

 8    fiscal year after the initiation of arbitration procedures under

 9    this act, but before the arbitration decision  ,  or  its 

10    enforcement OF THE ARBITRATION DECISION,  shall  DOES not  be

11     deemed to  render a dispute moot  ,  or  to otherwise  impair the

12    jurisdiction or authority of the arbitration panel or its

13    decision.  Increases in rates of compensation or other benefits

14    may be awarded retroactively to the commencement of any

15     period(s)  PERIOD OR PERIODS in dispute, NOTWITHSTANDING any

16    other statute or charter provisions to the contrary.

17     notwithstanding.  At any time the  THE parties  , by

18     stipulation,  may STIPULATE TO amend or modify an award of arbi-

19    tration AT ANY TIME.



















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