Public Act 312 was signed into law in 1969. It amended Michigan Public Employee Relations Act (PERA), giving binding arbitration rights to both road patrol officers as well as local correction officers working in Michigan’s 83 counties. It was enacted to avoid any prolonged labor disputes and ensure the continuity of services for police, fire and emergency personnel. The state believed that these public employees were absolutely essential to the safety and security of Michigan and its citizenry. Public Act 312 passed without opposition; furthermore, it was the legislative intent that everyone who was deputized by the sheriff would be included under PA 312. However, in the case of Ingham County Board of Commissioners and the Ingham County Sheriff v. Capitol City Lodge No. 141, of the Fraternal Order of Police, 155 Mich App 116; 399 NW 2d 463 (1986), the Court of Appeals reversed the decision of Michigan Employment Relations Commission (MERC) and held for the first time, that county correction officers were not entitled to access of PA 312 arbitration. This appellate court sided with the Ingham County Sheriff and ruled that the deputies working in the jails were not “critical service employees”. The Michigan Supreme Court denied leave for appeal on this case, March 4, 1987. Thus, severing the unity of the bargaining unit between county road patrol and correctional officers.
House Bill 6112 restores the binding arbitration rights for county correction officers. House Bill 6112 does not amend PA 312, but rather is a stand alone piece of legislation aimed at correcting the inequities and insecurities, which came about as a result of the court of appeals decision mentioned above.