COMP. ARBITRATION; CORRECT. OFFICERS                                                           H.B. 4438 & 4439:

                                                                                      REVISED SUMMARY OF HOUSE-PASSED BILL

                                                                                                                                      IN COMMITTEE







House Bill 4438 (as passed by the House)

House Bill 4439 (as passed by the House)

Sponsor:  Representative Kelly Breen (H.B. 4438)

Sponsor:  Representative Robert J. Bezotte (H.B. 4439)

House Committee: Criminal Justice

Senate Committee: Labor


Date Completed: 9-13-23




House Bill 4438 bill would amend Public Act 312 of 1969, which governs compulsory arbitration of labor disputes in police and fire departments, to include county corrections officers that met specified requirements in the definition of "public police or fire department employee".


The Act defines "public police or fire department employee" as any employee of a city, county, village, or township, or of any authority, district, board, or any other entity created in whole or in part by the authorization of one or more cities, counties, villages, or townships whether created by statute, ordinance, contract, resolution, delegation, or any other mechanism, who is any of the following:


  --     Engaged as a police officer or in firefighting, or is subject to the hazards thereof.

  --     Emergency medical service personnel employed by a public police or fire department.

  --     An emergency telephone operator, but only if directly employed by a public police or fire department.


Under the bill, the term would include a corrections officers employed by a county sheriff in a county jail, work camp, or other facility maintained by a county that housed adult prisoners.


The bill would take effect 90 days after its enactment.


House Bill 4439 would amend Public Act 312 of 1969 to replace all references of the term "chairman" with "chair".


The bill is tie-barred to House Bill 4438.


MCL 423.232 (H.B. 4438)                                                                                                                   

MCL 423.235 & 423.237a (H.B. 4439)                                                                                                



(Please note: This section does not provide a comprehensive account of all previous legislative efforts on the relevant subject matter.)


House Bill 4438 is a reintroduction of House Bill 4725 from the 2021-2022 Legislative Session. House Bill 4725 passed the House and was reported from the Senate Committee on Economic and Small Business Development but received no further action. House Bill 4439 is a reintroduction of House Bill 4924 from the 2021-2022 Legislative Session. House Bill 4924 was referred to the Committee on Government Operations but received no further action.


                                                                                                            Legislative Analyst:  Alex Krabill



The bills could reduce caseloads for courts by sending additional disputes to compulsory arbitration; however, the impact on courts is expected to be minimal.


                                                                                  Fiscal Analyst: Michael Siracuse

                                                                                                            Bobby Canell

This analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official statement of legislative intent.