Sec. 5.
(1) Within 7 days of a request from 1 or both parties, the employment relations commission shall select from its panel of arbitrators, as provided in subsection (2), 3 persons as nominees for impartial arbitrator or chairman of the arbitration panel. Within 5 days after the selection each party may peremptorily strike the name of 1 of the nominees. Within 7 days after this 5-day period, the commission shall designate 1 of the remaining nominees as the impartial arbitrator or chairman of the arbitration panel.
(2) The employment relations commission shall establish and appoint a panel of arbitrators, who shall be known as the Michigan employment relations commission panel of arbitrators. The commission shall appoint members for indefinite terms. Members shall be impartial, competent, and reputable citizens of the United States and residents of the state, and shall qualify by taking and subscribing the constitutional oath or affirmation of office. The commission may at any time appoint additional members to the panel of arbitrators, and may remove existing members without cause.
(3) The employment relations commission shall establish the qualifications and training that are necessary for an individual to serve as the chair of an arbitration panel under this act. The commission may waive the qualifications and training requirements for an individual who has served as a commission-appointed chair of an arbitration panel in an arbitration proceeding under this act before the effective date of the amendatory act that added this subsection.
History: 1969, Act 312, Eff. Oct. 1, 1969 ;-- Am. 1976, Act 84, Imd. Eff. Apr. 17, 1976 ;-- Am. 2011, Act 116, Imd. Eff. July 20, 2011 Constitutionality: This act is clearly constitutional. Local 1277, Metropolitan Council No 23, American Federation of State, County and Municipal Employees, AFL-CIO v City of Center Line, 414 Mich 642; 327 NW2d 822 (1982).Popular Name: Act 312
Structure Michigan Compiled Laws
Chapter 423 - Labor Disputes and Employment Relations
Section 423.231 - Compulsory Arbitration in Police and Fire Departments; Policy.
Section 423.233 - Initiation of Binding Arbitration Proceedings; Request.
Section 423.234 - Delegates; Selection; Notice.
Section 423.237 - Oaths; Subpoenas; Failure to Obey, Contempt of Court.
Section 423.237a - Remanding Dispute for Further Collective Bargaining.
Section 423.241 - Violation of Lawful Enforcement Order; Penalty.
Section 423.242 - Judicial Review; Scope; Stay.
Section 423.243 - Existing Conditions; Continuance, Change.
Section 423.244 - Act Supplementary.
Section 423.245 - Repealed. 1975, Act 3, Imd. Eff. Mar. 25, 1975.
Section 423.246 - Violations of Act; Imprisonment Prohibited.