MERC Rules, Statutes & Policies
On January 15, 2015, new administrative rules went into effect governing all hearings conducted by the Michigan Administrative Hearing System (MAHS), including hearings conducted on behalf of the Michigan Employment Relations Commission (MERC).
It has come to our attention that there may be overlap and possibly conflict between the new MAHS rules and the General Rules and Regulations of the Employment Relations Commission which were recently amended. While this issue is currently under review, parties should proceed as follows:
✔ If your case is currently before an Administrative Law Judge (ALJ), follow the MAHS rules. R 792.10101 et seq. and R 792.11501 et seq.
✔ If your case is not before an ALJ but is instead before a mediator, fact finder, elections officer, Act 312 panel or the Commission, follow the MERC rules. R 423.121 et seq. This includes matters pending on exception before MERC.
Public Act 336 of 1947 (PERA)
* At its meeting on February 13, 2018, the Michigan Employment Relations Commission (MERC) voted to extend its moratorium (issued in February 2017) on accepting new members to its Act 312, Fact Finding and Grievance Arbitration panels. At that same time, the Commission strongly encouraged persons who are interested in future placement on the MERC panels to participate in the MERC “shadowing program.” The latter program provides “on the job” experience in Act 312 Fact Finding cases and procedures. During the “shadowing” experience, a prospective or less experienced panel member will work under the guidance and supervision of a veteran member of MERC’s panel and will actively participate in such proceedings to their conclusion.
Guidelines and information regarding MERC’s shadowing program may be obtained by visiting the agency’s web-site at www.michigan.gov/merc or by contacting the Bureau’s offices. The Commission also encouraged attendance at any MERC training or other related training programs in anticipation of the lifting of the moratorium in the future.