Mich. Admin. Code R. 423.509 - Arbitrator; powers and duties

Rule 9.

(1) In addition to the duties specified in act 312, the panel shall do all of the following:

(a) Obtain a full and complete record.

(b) Place on the record or state in the award all agreements that are reached between the parties, including portions of any previous labor agreement that the parties adopt as part of their current agreement. The award or record shall contain or identify, by specific reference, the parties' stipulated settlement of all issues that were not presented for arbitration and indicate how the issues were resolved.

(c) If the parties agree to a hearing extension, the arbitrator shall reduce the agreement to writing, obtain the signatures of both parties, and notify the commission, in writing, with copies, of all written agreements between the parties that extend the arbitration hearing. Except as permitted under section 7a of act 312, MCL 423.23 7a, the hearing which includes the filing of any posthearing briefs shall not extend beyond 180 days from the start of the scheduling conference.

(d) After a hearing is closed, the hearing may be reopened for good cause shown.

(2) In addition to the powers specified in act 312, the panel may do any of the following:

(a) Rule upon motions and offers of proof, receive relevant evidence, and exclude irrelevant, immaterial, or unduly repetitious evidence.

(b) Question witnesses.

(c) Take depositions or cause depositions to be taken and determine the scope of depositions.

(d) Regulate the date, time, place, and course of the hearings.

(e) Dispose of procedural requests or other similar matters.

(f) Hold conferences during the course of the hearing for the settlement, simplification, or adjustment of the issues by consent of the parties.

(g) Remand the parties to further bargaining with a mediator for a period not to exceed 3 weeks pursuant to section 7a of act 312, MCL 423.237a, if the arbitrator believes it will be conducive to an agreement.

(h) Charge a fee to a party or parties who cancel a hearing date if a cancellation fee is clearly set forth in the arbitrators resume and made known to the parties at or prior to the scheduling conference.

Notes

Mich. Admin. Code R. 423.509

1995 AACS; 2014 AACS