THE GARRITY ROUND-UP PART ONE: SOME HOPE—BUT ALSO GREAT CONCERN
TOWARDS A "CIVIL" SERVICE; FROM PATRONAGE TO PROTECTIONS
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
MAP Law Response: Editorial of March 01, 2010: “Binding Act”
GARRITY RETURNS TO CHICAGO—SURPRISE! HE NEVER LEFT
TO ALL F.O.P. MEMBERS--A Note from Randy Mason
WHEN ARE YOUR REPORTS ROUTINE–NEVER!
THE FREEDOM OF YOUR INFORMATION ACT
ACT 563: FOP GOT IT FIRST, GOT IT RIGHT
THE FOP DEFENDS THE RESIDENCY STATUTE AT THE MICHIGAN SUPREME COURT
KEEPING AN EYE ON THE BIG PICTURE
GAMBLING WITH GARRITY: WILL YOU TAKE THE RISK?
P.A. 563 MICHIGAN ACTS TO PROTECT GARRITY
GARRITY BECOMES LAW IN MICHIGAN
BACK TO THE FUTURE WITH GARRITY
THE FOP GOES TO COURT TO DEFEND RESIDENCY LAW
GARRITY IN 2006: PROTECTIONS IN
WHEN THE COP BECOMES SUSPECT: A PRIMER ON
DETECTIVE SUBJECT OF ACCIDENT INVESTIGATION - Letter printed by permission of
our client who was cleared of all charges.
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ELVIS HAS LEFT THE BUILDING... AND GARRITY IS NOT FAR BEHIND
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