New Contract Arbitration in the Public Sector - The Michigan Example (From Arbitration in Practice, P 23-33, 1984, Arnold M Zack, ed. - See NCJ-98940)

• NCJ Number: 98942
• Author(s): R G Howlett
• Date Published: 1984
• Length: 11 pages
• Sale Source: ILR Press
• Language: English
• Country: United States of America

Annotation

This examination of Michigan's law mandating arbitration in the public sector focuses on standards for such arbitration and the arbitrator's role.

Abstract

A Michigan law allowing arbitration to resolve disputes in collective bargaining (interest arbitration) for police and firefighters was enacted in 1969. The law authorizes collective bargaining in the public sector but prohibits strikes by public employees. The amended 1969 statute provides for the appointment of a panel of arbitrators by the Michigan Employment Relations Commission. The Law contains standards to guide the arbitrators and mandates that arbitrators must consider the employer's lawful authority, stipulations of the parties, the public interest and welfare, and the ability of the government unit to meet the costs of the award. The law provides for an appeal and reversal for the traditional grievance arbitration reasons. The law mandates 30 days of mediation as a precedent condition to arbitration. When the law was before the legislature for renewal in 1972, political considerations dictated providing for some kind of last-offer arbitration. Subsequent experience indicates this provision has pressed the parties toward settlement. Michigan has found that interest arbitration has not seriously damaged collective bargaining and that most issues are resolved in negotiations and mediation; only the most difficult remaining issues are submitted to arbitration.