House Introduced Bill 5058

HOUSE BILL No. 5058

September 20, 2001, Introduced by Rep. Switalski and referred to the Committee on Employment Relations, Training and Safety.

A bill to provide for compulsory arbitration of labor dis-

putes between university police officers and their employers; to

provide for the selection of members of arbitration panels; to

prescribe the procedures and authority of arbitration panels; and

to provide for the enforcement and review of awards of those

panels.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

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

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requisite to the high morale of university police officers and

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the efficient operation of university facilities to afford an

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alternate, expeditious, effective, and binding procedure for the

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resolution of disputes, and to that end the provisions of this

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act, providing for compulsory arbitration, shall be liberally

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construed.

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Sec. 2. As used in this act:

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(a) "Employment relations commission" means the commission

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created in section 3 of 1939 PA 176, MCL 423.3.

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(b) "University police officer" means a public safety offi-

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cer of a university who is authorized by the governing board of

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that university to enforce state law and the rules and ordinances

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of that university.

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Sec. 3. If in the course of mediation of a university

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police officer's dispute, except a grievance dispute concerning

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the interpretation or application of an existing agreement, the

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dispute has not been resolved within 30 days of the submission of

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the dispute to mediation, or within additional periods to which

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the parties may agree, the university police officer or his or

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her employer may initiate binding arbitration proceedings by a

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prompt request, in writing, to the other, with a copy to the

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employment relations commission.

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Sec. 4. Within 10 days after the written request described

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in section 3 is made, the employer shall choose a delegate and

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the university police officer's designated or selected exclusive

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collective bargaining representative, or if none, the university

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police officer's previously designated representative in the

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mediation and fact-finding procedures, shall choose a delegate to

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a panel of arbitration as provided in this act. The employer and

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the university police officer shall immediately notify the other

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and the mediation board of their selections.

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Sec. 5. (1) Within 7 days after a request from 1 or both

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parties, the employment relations commission shall select from

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its panel of arbitrators, as provided in subsection (2), 3

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persons as nominees for impartial arbitrator or chairperson of

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the arbitration panel. Within 5 days after the selection, each

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party may peremptorily strike the name of 1 of the nominees.

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Within 7 days after this 5-day period, the commission shall des-

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ignate 1 of the remaining nominees as the impartial arbitrator or

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chairperson of the arbitration panel.

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(2) The employment relations commission shall provide a

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panel of arbitrators, from the Michigan employment relations com-

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mission panel of arbitrators created in section 5 of 1969 PA 312,

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MCL 423.235, to be available to arbitrate labor disputes under

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this act.

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Sec. 6. Upon the appointment of the arbitrator, he or she

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shall proceed to act as chairperson of the panel of arbitration,

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call a hearing, to begin within 15 days after the appointment,

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and give reasonable notice of the time and place of the hearing.

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The chairperson shall preside over the hearing and shall take

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testimony. Upon application and for good cause shown, and upon

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such terms and conditions as are just, a person, labor organiza-

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tion, or governmental unit having a substantial interest in the

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arbitration may be granted leave to intervene by the arbitration

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panel. Any oral or documentary evidence and other data deter-

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mined relevant by the arbitration panel may be received in

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evidence. The proceedings shall be informal. Technical rules of

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evidence shall not apply, and the competency of the evidence is

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not impaired by a violation of a technical rule of evidence. A

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verbatim record of the proceedings shall be made, and the

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arbitrator shall arrange for the necessary recording service.

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Transcripts may be ordered at the expense of the party ordering

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them, but the transcripts shall not be necessary for a decision

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by the arbitration panel. The expense of the proceedings,

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including a fee to the chairperson, established in advance by the

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labor mediation board shall be borne equally by each of the par-

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ties to the dispute. The delegates, if public officers or

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employees, shall continue on the payroll of the public employer

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at their usual rate of pay. The hearing conducted by the arbi-

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tration panel may be adjourned from time to time, but, unless

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otherwise agreed by the parties, shall be concluded within 30

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days after the time of its commencement. The majority actions

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and rulings of the arbitration panel shall constitute the actions

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and rulings of the arbitration panel.

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Sec. 7. The arbitration panel may administer oaths, require

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the attendance of witnesses, and the production of books, papers,

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contracts, agreements, and documents as the panel determines

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material to a just determination of the issues in dispute, and

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for purpose may issue subpoenas. If any person refuses to obey a

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subpoena, or refuses to be sworn or to testify, or if any wit-

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ness, party, or attorney is guilty of any contempt while in

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attendance at any hearing, the arbitration panel may, or the

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attorney general if requested shall, invoke the aid of any cir-

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cuit court within the jurisdiction in which the hearing is being

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held, which court shall issue an appropriate order. Any failure

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to obey the order may be punished by the court as contempt.

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Sec. 8. At any time before the rendering of an award, the

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chairperson of the arbitration panel, if he or she is of the

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opinion that it would be useful or beneficial to do so, may

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remand the dispute to the parties for further collective bargain-

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ing for a period not to exceed 3 weeks. If the dispute is

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remanded for further collective bargaining, the time provisions

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of this act shall be extended for a time period equal to that of

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the remand. The chairperson of the panel of arbitration shall

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notify the employment relations commission of the remand.

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Sec. 9. At or before the conclusion of the hearing held

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pursuant to section 6, the arbitration panel shall identify the

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economic issues in dispute, if any, and direct each of the par-

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ties to submit, within the time limit as the panel shall pre-

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scribe, to the arbitration panel and to each other its last offer

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of settlement on each economic issue. The determination of the

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arbitration panel as to the issues in dispute and as to which of

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these issues are economic shall be conclusive. The arbitration

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panel, within 30 days after the conclusion of the hearing, or

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further additional periods to which the parties may agree, shall

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make written findings of fact and issue a written opinion and

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order upon the issues presented to it and upon the record made

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before it, and shall mail or otherwise deliver a true copy of

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those writings to the parties and their representatives and to

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the employment relations commission. As to each economic issue,

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the arbitration panel shall adopt the last offer of settlement

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which, in the opinion of the arbitration panel, more nearly

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complies with the applicable factors prescribed in section 10.

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The findings, opinions, and order as to all other issues shall be

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based upon the applicable factors prescribed in section 10.

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Sec. 10. If there is no agreement between the parties, or

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if there is an agreement but the parties have begun negotiations

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or discussions for a new agreement or amendment of the existing

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agreement, and wage rates or other conditions of employment under

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the proposed new or amended agreement are in dispute, the arbi-

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tration panel shall base its findings, opinions, and order upon

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the following factors, as applicable:

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(a) The lawful authority of the employer.

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(b) Stipulations of the parties.

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(c) The interests and welfare of the public and the finan-

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cial ability of the university to meet those costs.

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(d) Comparison of the wages, hours, and conditions of

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employment of the university police officer or officers involved

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in the arbitration proceeding with the wages, hours, and condi-

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tions of employment of other university police officers perform-

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ing similar services and with other employees generally:

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(i) In public employment in comparable communities.

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(ii) In private employment in comparable communities.

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(e) The average consumer prices for goods and services, com-

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monly known as the cost of living.

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(f) The overall compensation presently received by the

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employees, including direct wage compensation, vacations, holi-

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days and other excused time, insurance and pensions, medical and

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hospitalization benefits, the continuity and stability of

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employment, and all other benefits received.

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(g) Changes in any of the circumstances described in

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subdivisions (a) to (f) during the pendency of the arbitration

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proceedings.

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(h) Any other factor, which is normally or traditionally

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taken into consideration in the determination of wages, hours,

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and conditions of employment through voluntary collective bar-

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gaining, mediation, fact-finding, arbitration, or otherwise

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between the parties, in the public service or in private

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employment.

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Sec. 11. A majority decision of the arbitration panel, if

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supported by competent, material, and substantial evidence on the

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

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may be enforced, at the instance of either party or of the arbi-

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tration panel in the circuit court in the county in which the

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dispute arose or in which a majority of the affected university

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police officers reside. The commencement of a new municipal

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fiscal year after the initiation of arbitration procedures under

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this act, but before the arbitration decision, or its enforce-

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ment, does not render a dispute moot, or otherwise impair the

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jurisdiction or authority of the arbitration panel or its

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decision. Increases in rates of compensation or other benefits

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may be awarded retroactively to the commencement of any period in

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dispute, any other statute to the contrary notwithstanding. At

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any time the parties, by stipulation, may amend or modify an

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award of arbitration.

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Sec. 12. If an employee organization recognized under 1947

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PA 336, MCL 423.201 to 423.217, as the bargaining representative

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of university police officers subject to this act, willfully

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disobeys a lawful order of enforcement by a circuit court pursu-

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ant to section 11, or willfully encourages or offers resistance

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to that order, whether by a strike or otherwise, the punishment

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for each day that the contempt persists may be a fine fixed in

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the discretion of the court in an amount not to exceed $250.00

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per day. A public employer who is subject to 1947 PA 336, MCL

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423.201 to 423.217, and who willfully disobeys a lawful order of

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enforcement by the circuit court or willfully encourages or

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offers resistance to the order is guilty of contempt and may be

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fined for each day that the contempt persists an amount, fixed at

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the discretion of the court, not to exceed $250.00 per day to be

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assessed against the employer.

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Sec. 13. (1) Orders of the arbitration panel shall be

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reviewable by the circuit court in the county in which the dis-

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pute arose or in which a majority of the affected university

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police officers reside, but only for the following reasons:

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(a) The arbitration panel was without or exceeded its

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jurisdiction.

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(b) The order is unsupported by competent, material, and

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substantial evidence on the whole record.

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(c) The order was procured by fraud, collusion, or other

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similar and unlawful means.

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(2) The pendency of the proceeding for review shall not

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automatically stay the order of the arbitration panel.

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Sec. 14. During the pendency of proceedings before the

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arbitration panel, existing wages, hours, and other conditions of

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employment shall not be changed by action of either party without

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the consent of the other but a party may consent without preju-

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dice to his or her rights or position under this act.

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Sec. 15. This act is supplementary to 1947 PA 336, MCL

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423.201 to 423.217, and does not amend or repeal any of its pro-

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visions, but any provisions of that act requiring fact-finding

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procedures shall be inapplicable to disputes subject to arbitra-

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tion under this act.

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Sec. 16. A person shall not be sentenced to a term of

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imprisonment for any violation of this act or an order of the

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arbitration panel.

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