Bill Text: MI HB4438 | 2023-2024 | 102nd Legislature | Chaptered

Michigan House Bill 4438

Bill Title: Labor: arbitration; compulsory arbitration for local police and firefighters; include corrections officers. Amends sec. 2 of 1969 PA 312 (MCL 423.232).

Spectrum: Slight Partisan Bill (Democrat 28-12)

Status: (Passed) 2023-10-24 - Assigned Pa 171'23 With Immediate Effect [HB4438 Detail]

Download: Michigan-2023-HB4438-Chaptered.html

Act No. 171

Public Acts of 2023

Approved by the Governor

October 24, 2023

Filed with the Secretary of State

October 24, 2023

EFFECTIVE DATE: January 22, 2024

state of michigan

102nd Legislature

Regular session of 2023

Introduced by Reps. Breen, Bezotte, Coleman, Paiz, Price, Scott, Liberati, Conlin, Shannon, Steckloff, Tyrone Carter, Weiss, Haadsma, Mentzer, Mueller, Hope, Snyder, McFall, Tsernoglou, Andrews, Rogers, Hood, Rheingans, Wilson, Wegela, MacDonell, Brabec, Harris, BeGole, St. Germaine, Schmaltz, Roth, Koleszar, Glanville, Hill, Outman, Zorn, Wozniak, Tisdel and Steele

ENROLLED HOUSE BILL No. 4438

AN ACT to amend 1969 PA 312, entitled �An act to provide for compulsory arbitration of labor disputes in municipal police and fire departments; to define such public departments; to provide for the selection of members of arbitration panels; to prescribe the procedures and authority thereof; and to provide for the enforcement and review of awards thereof,� by amending section 2 (MCL 423.232), as amended by 2011 PA 116.

The People of the State of Michigan enact:

Sec. 2. (1) As used in this act:

(a) �Emergency medical service personnel� includes a person who provides assistance at dispatched or observed medical emergencies occurring outside a recognized medical facility including instances of heart attack, stroke, injury accidents, electrical accidents, drug overdoses, imminent childbirth, and other instances where there is the possibility of death or further injury; initiates stabilizing treatment or transportation of injured from the emergency site; and notifies police or interested departments of certain situations encountered including criminal matters, poisonings, and the report of contagious diseases.

(b) �Emergency telephone operator� includes a person employed by a police or fire department for the purpose of relaying emergency calls to police, fire, or emergency medical service personnel.

(i) An institution of higher education described in section 4 or 6 of article VIII of the state constitution of 1963.

(ii) A community or junior college described in section 7 of article VIII of the state constitution of 1963.

(d) �Public police or fire department employee� means any employee of a city, county, village, township, or institution of higher education, or of any authority, district, board, or any other entity created in whole or in part by the authorization of 1 or more cities, counties, villages, townships, or institutions of higher education, whether created by statute, ordinance, contract, resolution, delegation, or any other mechanism, who is engaged as a police officer or in firefighting or who is subject to the hazards thereof; a corrections officer employed by a county sheriff in a county jail, work camp, or other facility maintained by a county and that houses adult prisoners; emergency medical service personnel employed by a public police or fire department; or an emergency telephone operator, but only if directly employed by a public police or fire department. Public police or fire department employee does not include any of the following:

(i) An employee of a metropolitan district created under 1939 PA 147, MCL 119.51 to 119.62.

(ii) An emergency telephone operator employed by a 9-1-1 authority or consolidated dispatch center.

(iii) An employee of an authority that is in existence on June 1, 2011, unless the employee is represented by a bargaining representative on that date, or a contract in effect on that date specifically provides the employee with coverage under this act. An exclusion under this subparagraph terminates if the authority composition changes to include an additional governmental unit or a portion of a governmental unit. This subparagraph does not terminate an exclusion created under subparagraphs (i) to (iii).

(2) This act does not apply to persons employed by a private emergency medical service company who work under a contract with a governmental unit or personnel working in an emergency service organization whose duties are solely of an administrative or supporting nature and who are not otherwise qualified under subsection (1)(a).

Enacting section 1. This amendatory act takes effect 90 days after the date it is enacted into law.

A close-up of a signature

Description automatically generated This act is ordered to take immediate effect.