As part of our duty to offer the best legal advice, we publish articles and letters that keep the professional dialogue open and evolving. Our contributions to that dialogue often keep us at the forefront of our fields, offering the latest rulings and regulatory changes through our publications to our peers, and more importantly to our clients.

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THE GARRITY ROUND-UP PART ONE: SOME HOPE—BUT ALSO GREAT CONCERN
Michigan Fraternal Order of Police, Peace Officer Magazine - Spring 2011

TOWARDS A "CIVIL" SERVICE; FROM PATRONAGE TO PROTECTIONS
Michigan Fraternal Order of Police, Peace Officer Magazine - Fall 2010


SPECIAL SECTION ON MICHIGAN'S ACT 312

There are two kinds of contract arbitrations:

Grievance arbitration is an appeal process that exists in many management-labor contracts. It provides an employee and the union a process by which an independent and impartial arbitrator decides if the labor contract has been violated by the employer. If the grievance is sustained, the arbitrator will direct a remedy to put the contract back into its prior, status quo position.

Interest arbitration is a process by which management and labor can reach a resolution and create a labor contract, in lieu of either a work stoppage or lockout. Interest arbitration has existed for many years in some private industries such as transportation. But it is more often found in the public employment sectors where stability and finality are important. The process is not mandatory – instead it is used as a safety valve for those situations where contract negotiations and mediation have reached an impasse.

In 1969 the Michigan Legislature passed Act 312, which made interest arbitration available for public safety personnel in the State’s counties, cities, townships, and villages. The Legislature’s preamble states that:

It is the public policy of this state that in public police and fire departments, where the right of employees to strike is by law prohibited, it is requisite to the high morale of such employees and the efficient operation of such departments to afford an alternate, expeditious, effective and binding procedure for the resolution of disputes ...

Contrary to claims by some pro-management associations and media, public sector employers prevail on most contract issues submitted to the Act 312 arbitration panels.

In February, 2010, MAP-LAW PLLC was requested by the Michigan Lodge of the Fraternal Order of Police to write new statutory language that amends Act 312 – to make the process faster and easier to implement for all parties. Working with the Michigan Professional Fire Fighters Union, the FOP created statutory changes that were passed by the Michigan Senate on February 10, 2010, by a vote of 33-1.

On March 01, 2010, however, The Detroit News ran an editorial that completely misstated the contents and effects of the Act 312 statutory amendments. In response to the editorial, MAP-LAW PLLC immediately sent a letter correcting the numerous errors in The News’ editorial – and, not surprisingly – The News refused to print it.

Here are the editorial and the MAP-LAW PLLC response, so that you can read them and decide for yourself who really is interested in presenting facts – and not writing fiction.

Editorial: Arbitrators Over Police, Fire Pay Should Consider Cities' Financial Condition
The Detroit News – Editorial – Monday, March 01, 2010

MAP Law Response: Editorial of March 01, 2010: “Binding Act”
Letters to the Editor, The Detroit News, March 01, 2010


GARRITY RETURNS TO CHICAGO—SURPRISE! HE NEVER LEFT
Michigan Fraternal Order of Police, Peace Officer Magazine - Winter 2010

TO ALL F.O.P. MEMBERS--A Note from Randy Mason
Commendation Letter

WHEN ARE YOUR REPORTS ROUTINE–NEVER!
Michigan Fraternal Order of Police, Peace Officer Magazine - Spring 2009

THE FREEDOM OF YOUR INFORMATION ACT
Michigan Fraternal Order of Police, Peace Officer Magazine - Winter 2009

ACT 563: FOP GOT IT FIRST, GOT IT RIGHT
Michigan Fraternal Order of Police, Peace Officer Magazine - Spring 2008

THE FOP DEFENDS THE RESIDENCY STATUTE AT THE MICHIGAN SUPREME COURT
Michigan Fraternal Order of Police, Peace Officer Magazine - Fall 2007

KEEPING AN EYE ON THE BIG PICTURE
Michigan Fraternal Order of Police, Peace Officer Magazine - Fall 2007

GAMBLING WITH GARRITY: WILL YOU TAKE THE RISK?
Michigan Fraternal Order of Police, Peace Officer Magazine - Spring 2007

P.A. 563 MICHIGAN ACTS TO PROTECT GARRITY
Michigan Fraternal Order of Police, Peace Officer Magazine - Winter 2007

GARRITY BECOMES LAW IN MICHIGAN
Attorneys Mark Porter and Larry Schneider teamed up to write legislaton protecting officers from self-incrimination. On December 31, 2006, Governor Jennifer Granholm signed Michigan Senate Bill 647, making it Public Act 563 of 2006. This is the first law of its kind in the nation. Read more about the accomplishment below.
Click here fo the full text of Public Act 563.
Synopsis of Michigan Senate Bill 647

BACK TO THE FUTURE WITH GARRITY
Michigan Fraternal Order of Police Peace Officer Magazine - Winter 2006

THE FOP GOES TO COURT TO DEFEND RESIDENCY LAW
Michigan Fraternal Order of Police Peace Officer Magazine - Winter 2006

GARRITY IN 2006: PROTECTIONS IN PERIL
Michigan Fraternal Order of Police Peace Officer Magazine - Fall 2006

WHEN THE COP BECOMES SUSPECT: A PRIMER ON GARRITY
Michigan Criminal Law Annual Journal - Vol. 1, No. 1

DETECTIVE SUBJECT OF ACCIDENT INVESTIGATION - Letter printed by permission of our client who was cleared of all charges.
Journal Newspapers - 03/17/05

TAKE THE GARRITY QUIZ - DO YOU KNOW YOUR RIGHTS?
Michigan Fraternal Order of Police Peace Officer Magazine - Winter 04-05

NOW IT'S GARRITY-McKINLEY
Michigan Fraternal Order of Police Peace Officer Magazine - Spring 05

HERE'S A LAWYER THAT YOU CAN RESPECT
Michigan Fraternal Order of Police Peace Officer Magazine - Spring 05

ELVIS HAS LEFT THE BUILDING... AND GARRITY IS NOT FAR BEHIND
Michigan Fraternal Order of Police Peace Officer Magazine - Fall 2005

 
     

 

 

 

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