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Steven H. Schwartz & Associates, P.L.C.

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Court of Appeals Rules that Act 312 Arbitration Panel may Issue an Award for Retroactive Grievance Arbitration

Schipper | 19 June, 2009 08:35

In Ottawa County v Police Officers Association of Michigan ("POAM"), the Michigan Court of Appeals ruled that an Act 312 Arbitration Panel's adoption of the POAM's proposal for retroactive grievance arbitration is not counter to the statute. 281 Mich App 688 (2008). The County, relying on the Court's precedent, argued that Act 312 does not permit an award of non-economic benefits retroactively. The statute, in part, states, "Increases in rates of compensation or other benefits may be awarded retroactively to the commencement of any period(s) in dispute, any other statute or charter provisions to the contrary notwithstanding."

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Michigan Codifies Garrity Rights for Law Enforcement Officers

Schipper | 15 March, 2007 14:54

On December 29, 2006, Michigan enacted M.C.L. 15.391, codifying the protection of involuntary statements made by law enforcement officers. Such protection has been in place since the Supreme Court's ruling in Garrity v. State of N.J., 385 U.S. 493 (1967). In Garrity, the Court ruled that public sector employees are in fact under duress and deprived of free choice when asked to either incriminate themselves or forfeit their jobs. Therefore, the use of such statements is prohibited in a subsequent criminal proceeding as involuntary self-incrimination.

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Sixth Circuit Encourages En Banc Review of Arbitration Timeliness Disputes

Schipper | 11 December, 2006 10:58

It has been a long-standing judicial precedent that the courts' jurisdiction in determining the arbitrability of arbitration agreements in a collective bargaining agreement is limited to determining whether the dispute is on its face governed by the contract. In other words, courts, not arbitrators, determine if the dispute is to be settled through arbitration. Arbitrators are to make the determination of procedural arbitrability (e.g. whether the parties have complied with procedural requirements under the agreement). (More)

City Manager Exit Agreements

gabrys | 17 April, 2006 16:40

Introduction. City Managers serve in a perilous profession. City Managers are apt to lose their jobs for a number of reasons unrelated to performance or competency: differences in policy or direction, management style, budgeting issues. City Managers may also lose their positions for less rational reasons: jealousy, power plays, retaliation for ordinance enforcement, disagreeing with a strong-willed elected official, scapegoating or other political reasons.

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