DPLSA Update, Wednesday, May 15, 2013, Status and Update of the City of Detroit’s Motion to dismiss the ACT312 Petition of the DPLSA{0}
In April shortly after the appointment of an Emergency Manager the City of Detroit filed Case # D13A-0005, Emergency Motion for Award of Dismissal of the ACT312 Petition and proceedings of the DPLSA, with the State of Michigan Employment Relations Commission (MERC).
On April 8, 2013, at the MERC Commission Meeting the matter was on the agenda and discussion ensued. The Commission stated they would entertain briefs and arguments from all the parties involved and the matter would be placed on the agenda for the scheduled May meeting.
On Tuesday, May 14, 2013, the executive Board along with our Attorney Richard Mack appeared before the State of Michigan Employment Relations Commission (MERC) Commission in Lansing, also present was attorneys from the Detroit Police Command Officers Association and Police Officers Association of Michigan who represented the EMS.
During the hearing the City’s Attorney John Willems, stated that due to the newly enacted PA 436 the city has no duty to bargain therefore they are requesting that the ACT312 Petitions be dismissed and future proceeding be halted.
During the hearing the City’s Attorney John Willems, stated that due to the newly enacted PA 436 the city has no duty to bargain therefore they are requesting that the ACT312 Petitions be dismissed and future proceeding be halted.
Our Attorney along with the DPCOA and POAM, argued that PA 436 had no effect on PA 312 and that the State Legislators did not intend for Public Safety entities to be void of “Collective Bargaining”.
After long and extensive arguments the Commission voted 2 to 1 to hold a special meeting on Tuesday,June 4, 2013, the Commission stated they would give their decision on whether our ACT312 hearings will precede based on PA 436. The Commission further stated the scheduled ACT312 hearings would be cancelled until they render their opinion. It is important to note that during the hearing Commissioner Nino Green stated that the affected parties already have Arbitrators assigned by the Commission and that the Commission should not interfere with the ACT312 process.
Present during the hearing were:
Director Ruth Anne Okun, Commissioner Edward Callaghan,Chair – Person
Commissioner Robert LaBrant
Commissioner Nino Green
The DPLSA Executive Board will be present on Tuesday, June 4, 2013, when the Commission renders their opinion and we will continue to keep you informed of the status of this important matter. As always If you have any questions or concerns please feel free to contact us.