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 12, 2019, the Michigan Employment Relations Commission (MERC) voted to lift its two-year moratorium on accepting new members to its Act 312, Fact Finding and Grievance Arbitration panels. Interested persons, therefore, may now apply for placement on MERC’s panel of Act 312 Arbitrators, Fact Finders and Grievance Arbitrators. Per the Commission’s February 12, 2019, motion, all individuals who are placed on MERC’s Act 312 and Fact finding panels will be required to participate in MERC’s “shadowing program.” Guidelines and information regarding the application process and MERC’s shadowing program (which provides “on the job” experience in Act 312 and Fact Finding procedures) may be obtained by visiting the agency’s web-site at www.michigan.gov/merc or by contacting the Bureau’s offices.
There are two exceptions to the shadowing requirement; (1) Shadowing is not required for placement on MERC’s grievance/arbitration panel or (2) Shadowing will not be required if, based on the applicant’s background and experience, the Commission or its designee waives the shadowing requirement and determines that shadowing is unnecessary to ensure competence.
Finally, the Commission encourages attendance at any MERC training program or other related training programs. Act 312/Fact Finding training will likely occur in the Fall of this year and will be mandatory for all Act 312 and Fact Finding panel members unless MERC waives the attendance requirement based on extraordinary circumstances. This training will be available to prospective MERC panel members, as well. Contact Bureau Director, Ruthanne Okun, at (313) 456-3519 or firstname.lastname@example.org with questions.