423.276 Impartial arbitrator as chairperson of arbitration panel; hearing; notice; duties of chairperson; intervention; receipt of evidence; informal proceedings; technic

364 words·~2 min read·/mi/chapter-423/423-276

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

423.276 Impartial arbitrator as chairperson of arbitration panel; hearing; notice; duties of chairperson; intervention; receipt of evidence; informal proceedings; technical rules of evidence inapplicable; record of proceedings; transcripts; adjournment; conclusion of hearing; expense of proceedings; payment of public officers or employees; actions and rulings.

Sec. 6.

(1)The impartial arbitrator designated pursuant to section 5 shall act as chairperson of the arbitration panel. Within 15 days after his or her appointment, the chairperson shall call a hearing and shall give reasonable notice of the time and place of the hearing. The chairperson shall preside over the hearing and shall take testimony.

(2)Upon application and for good cause shown, and upon terms and conditions that are just, the arbitration panel may grant leave to intervene to a person, labor organization, or governmental unit that has a substantial interest in the hearing. The arbitration panel may receive into evidence any oral or documentary evidence or other data that it considers to be relevant to the issues under consideration at the hearing. The proceedings shall be informal. Technical rules of evidence shall not apply, and the competency of the evidence shall not be considered to be impaired by the informality of the proceedings. A verbatim record of the proceedings shall be made, and the chairperson shall arrange for the necessary recording service. Transcripts may be ordered at the expense of the party ordering them, but transcripts shall not be necessary for a decision by the arbitration panel. The arbitration panel may adjourn the hearing from time to time, but unless the parties agree otherwise, the hearing shall be concluded within 30 days after the time of its commencement.

(3)The expense of the proceedings, including a fee to the chairperson, established in advance by the labor mediation board, shall be borne equally by each of the parties to the dispute and the state. The delegates, if public officers or employees, shall continue on the payroll of the public employer at their usual rate of pay.

(4)The actions and rulings of a majority of the arbitration panel shall constitute the actions and rulings of the arbitration panel.

History: 1980, Act 17, Imd. Eff. Feb. 24, 1980