HomeMy WebLinkAboutResolutions - 1984.02.23 - 16263February 23, 1984
Miscellaneous Resolution # 84045
By: Thomas A. Law, County Commissioner, District #26
In re: Rescindment of the Police-Fire Compulsory
Arbitration Act
To the Oakland County Board of Commissioners
Ladies and Gentlemen:
WHEREAS the Act 312 compulsory arbitration process
has been disastrous for Oakland County and its citizens; and
WHEREAS serious difficulties and excessive costs to
the taxpayers have resulted from the operation of the Police-
Fire Arbitration Act; and
WHEREAS the Michigan law provides for "last best offer
arbitration" on each economic issue, rather than on the total
package submitted by the employer or union, which is an un-
desirable departure from standard practice in arbitration; and
WHEREAS major defects in Act 312 compulsory arbitration
include a lack of consideration of ability to pay; a lack of
adequate records; a lack of effective time limits on the process,
leading to awards averaging more than 12 months from the time
of inception; an unwise process of last offer issue by issue,
rather than last offer package proposals, which has led to
awards which are political compromises, and use of ad hoc
arbitrators rather than a small group of full-time, career
administrative law judges, who have continuing accountability
for their decisions; and
WHEREAS the Oakland County Board of Commissioners
opposes compulsory arbitration of public employee labor disputes
because: (1) it is destructive of collective bargaining
throughout the public sector and is an improper intrusion on
the legislative authority of locally elected officials, (2)
arbitrators who make awards have no responsibility for
implementation nor for the consequences of actions which flow
from them, (3) experience in Michigan has demonstrated that
compulsory arbitration imposes excessive cost burdens on public
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employers and the citizens they serve; (4) in the absence of
a statute compelling arbitration at the request of either party,
voluntary arbitration is available for use by the parties, and
the parties ought to be free to use arbitration or not use
arbitration, depending upon the circumstances; and (5) imposed
agreements tend to be arbitrary, and it is far more desirable
for public employers and organized employees to bargain to
finality in reaching agreements under which they must operate.
NOW THEREFORE BE IT RESOLVED that the Oakland County
Board of Commissioners urges the Legislature to rescind the
Police-Fire Compulsory Arbitration Act.
MR. CHAIRPERSON, I move the adoption of the foregoing
resolution.
THOMAS A. Law
County Commissioner
District #26
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February 23, 1984 #84045
The Chairperson referred the resolution to the Genera] Government
Committee. There were no objections.