Legislative Analysis
Phone: (517) 373-8080
COMPULSORY LABOR ARBITRATION FOR
http://www.house.mi.gov/hfa
CERTAIN COUNTY CORRECTIONS OFFICERS
Analysis available at
House Bill 4438 as reported from committee http://www.legislature.mi.gov
Sponsor: Rep. Kelly Breen
House Bill 4439 as reported from committee
Sponsor: Rep. Robert J. Bezotte
Committee: Criminal Justice
Complete to 5-23-23
SUMMARY:
House Bill 4438 would amend 1969 PA 312, which provides for compulsory arbitration for
labor disputes involving municipal police and fire departments, to include within its scope
certain county-level corrections officers.
The act requires binding arbitration to resolve labor disputes involving public police or fire
department employees under certain circumstances and lays out the parameters of that
arbitration process.
The act currently defines public police or fire department employee to mean an employee of
a local unit of government or municipal entity who is engaged as a police officer or in
firefighting or is subject to the hazards of those jobs; emergency medical service personnel
employed by a public police or fire department; or an emergency telephone operator directly
employed by a public police or fire department.
The bill would add to that definition, and thus make the act applicable to, a corrections officer
employed by a county sheriff in a county jail, work camp, or other facility maintained by a
county that houses adult prisoners.
MCL 423.232
House Bill 4439 would amend two sections of the same act to make their provisions gender-
neutral, for instance by replacing chairman with chair. The bill would make several other
revisions of an editorial nature that would not result in a substantive change in law.
MCL 423.235 and 423.237a
BACKGROUND:
House Bill 4438 is identical to HBs 4639 and 4725 of the 2021-22 legislative session, which
were jointly considered by the House Committee on Commerce and Tourism, with HB 4725
being reported and passed by the House. Those bills were reintroductions of HB 5623 of the
2019-20 legislative session, which was referred by the House Committee on Commerce and
Tourism to the House Committee on Ways and Means.
House Fiscal Agency Page 1 of 2
House Bill 4439 is a reintroduction of HB 4924 of the 2021-22 legislative session, which did
not receive a hearing.
FISCAL IMPACT:
House Bill 4438 would have an indeterminate fiscal impact on local court funding units. The
fiscal impact would depend on how provisions of the bill affected court caseloads and related
administrative costs.
House Bill 4439 would have no fiscal impact on the state or local units of government.
POSITIONS:
Representatives of the following entities testified in support of the bills (5-9-23):
• Michigan Sheriffs’ Association
• Jackson County Police Officers Association
• Police Officers Association of Michigan
The Michigan Fraternal Order of Police indicated support for the bills. (4-9-23)
The following entities indicated opposition to House Bill 4438 (5-9-23):
• Michigan Association of Counties
• Mackinac Center for Public Policy
Legislative Analyst: Susan Stutzky
Fiscal Analyst: Robin Risko
■ This analysis was prepared by nonpartisan House Fiscal Agency staff for use by House members in their
deliberations and does not constitute an official statement of legislative intent.
House Fiscal Agency HBs 4438 and 4439 as reported Page 2 of 2
Statutes affected: Substitute (S-1): 423.232
House Introduced Bill: 423.232
As Passed by the House: 423.232
As Passed by the Senate: 423.232
House Concurred Bill: 423.232
Public Act: 423.232
House Enrolled Bill: 423.232