NEWS
NEW COLLECTIVE BARGAINING LAW AMENDMENT
Effective June 8, 2011, the Michigan collective bargaining law was amended by Enrolled House Bill No. 4152. The new law amends Section 15(b) of the 1947 PA 336 by placing restrictions on otherwise mandatory subjects of bargaining when a collective bargaining agreement expires. The amendments apply to negotiations that go beyond the expiration date of the contract until a successor agreement is in place. It should put pressure on unions to reach an agreement before the expiration date of the contract.
After the expiration date, the amendment provides:
1. A public employer shall pay and provide wages and benefits at levels and amounts that are no greater than those in effect on the expiration date. This means retroactive increases in wages or benefits are not lawful.
2. No step increases may be granted retroactively.
3. Any increases in insurance premiums must be paid by the employees and may be payroll deducted.
4. The parties may not agree to, and an arbitration panel may not order, retroactive increases after the expiration date of the contract.
5. For contracts that expired before the new law, June 8, 2011 will be considered the contract expiration date.
6. The expiration date is the date listed in the agreement, and the parties cannot bypass the requirements of the new law by agreeing to extend a contract during negotiations.
Bill 4152 can be accessed at the State of Michigan Legislative site: www.legislature.mi.gov
Key Commandments for Act 312
Noted arbitrator George Roumell appeared at the 40th annual MPELRA Annual Training Conference at Shanty Creek. Speaking on the history of Act 312, Arbitrator Roumell listed these "Key Commandments" for an effective Act 312.
1. Take care in selecting your panel delegate. A panel delegate can be effective in dealing with the chairman and guiding the hearing.
2. Keep exhibits within reason. Giving contracts of all the comparables just adds bulk. Unless there is a dispute as to the facts concerning the other comparables, there is no need to introduce the other contracts.
3. Attempt to expedite the proceedings. Long drawn out proceedings test human endurance and do not necessarily accomplish the purpose of Act 312.
4. Keep the issues to a minimum. Minor issues should be resolved by the parties.
5. Try hearing on consecutive days to keep the flow of the proceedings.
6. Do not be afraid to settle during arbitration.
7. Consider techniques supplementing Act 312 that may aid in resolving the dispute.
8. Try to keep the procedure cordial.
9. If permitted by the chairman, attempt to get the right to modify last best offers.
10.Think about giving a closing statement rather than the delay of post-hearing briefs.
Did you know?
MERC is very consistent in dismissing an unfair labor practice charge if the charge is filed more than 6 months after the alleged incident? It's important to keep good documentation of specific dates and times when an Employer takes an action so in the event of a ULP, you can establish applicable time frames.
