MERC Rules, Statutes & Policies
On January 15, 2015, new administrative rules went into effect governing all hearings conducted by the Michigan Administrative Hearing System (MAHS), 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 MAHS 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 MAHS 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.
Public Act 336 of 1947 (PERA)
*At its meeting on February 14, 2017, the Michigan Employment Relations Commission voted to place a one-year moratorium on accepting new members to its Act 312, Fact Finding, and Grievance Arbitration panels. The Commission will consider whether to lift the moratorium at its meeting in February 2018 or at an earlier time, if appropriate.