On January 15, 2015, new administrative rules went into effect governing all hearings conducted by the Michigan Office of Administrative Hearings and Rules (MOAHR), 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 MOAHR 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 MOAHR 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.
* At its meeting on February 12, 2019, the Michigan Employment Relations Commission (MERC) voted to lift the two-year moratorium on accepting new members to its Act 312, Fact Finding and Grievance Arbitration panels. Interested persons may now apply for placement on any of the 3 panels. Anyone placed on the Act 312 or Fact finding panels will be required to participate in MERC’s “shadowing program.” Guidelines and information regarding the application process and the shadowing program (which provides “hands on” experience in an Act 312 or Fact Finding matter) may be obtained from the agency’s web-site at www.michigan.gov/merc
[Note: The Commission or its designee may waive the shadowing requirement if based on the applicant’s background and experience it is determined that shadowing is not necessary to ensure competence.]
The Commission requires attendance at certain MERC sponsored or other related training programs. Act 312/Fact Finding training typically occurs in the Fall and is mandatory for all Act 312 and Fact Finding panel members unless the Commission waives the attendance requirement based on extraordinary circumstances. This training will be available to prospective MERC panel members, as well. Contact Bureau Director, Sidney McBride, at (313) 456-3510 or berinfo@michigan.gov with questions.