Section R. 423.507 - Arbitration hearingRule 7.
(1) An arbitrator shall begin the hearing by conducting a scheduling conference within 15 days of the arbitrator's appointment. The scheduling conference may be conducted by telephone conference call. A court reporter need not be present at the scheduling conference.(2) The scheduling conference shall be used to discuss matters relating to the proceeding, including all of the following: (a) Issues raised in the petition for binding arbitration submitted to the commission.(b) Issues that the parties have resolved.(c) Whether the issues in dispute are economic or noneconomic.(d) The dates, times, place, and manner for all of the following:(i) Exchange of a list of comparable communities to be used under sections 9(d)(i) and 9(d)(ii) of 1969 PA 312, MCL 423.239(1)(d)(i) and MCL 423.239(1)(d)(ii).(ii) Exchange of applicable collective bargaining agreements or tentative agreements, or both, and applicable documents, if the collective bargaining agreement has not been completed and executed, for all comparable communities not listed by the opposing party.(iii) The procedure and hearing dates for the determination of issues in subrule 3(a) and (b) of this rule.(iv) The start of the evidentiary hearing unless that date will be established under subrule 3(d) of this rule.(e) The exhibits to be entered into evidence, the method to be used for marking the exhibits, the number of copies of exhibits to be provided by the parties, and the dates and means of exchanging exhibits before hearing.(f) The list of witnesses, including experts, to be presented by each party.(g) The list of comparables for purposes of wages and benefits.(h) The procedural format for the hearing.(i) Any subpoenas, stipulations, or depositions.(j) Whether oral arguments or written briefs are to be submitted.(k) Other matters the panel considers appropriate.(3) The arbitrator shall do all of the following:(a) Make a determination on the economic issues in dispute and the duration of the collective bargaining agreement, and require each party to exchange and submit all of the following: (i) A statement of the party's issues setting forth the specific changes in the collective bargaining agreement proposed by the party.(ii) The party's position as to whether each issue is economic or non-economic.(iii) The proposed duration of the collective bargaining agreement.(b) Absent mutual agreement, conduct a procedural hearing and advise the parties in writing of the arbitration panel's decision on the issues in dispute including the duration of the collective bargaining agreement, jurisdiction of the arbitration panel concerning any disputed issue and, if in dispute, whether an issue presented by a party is economic.(c) Direct each party to submit to the arbitration panel and to each other its last offer of settlement on each economic issue by either of the following: (i) On a date certain after the close of the scheduling conference but prior to the first day of the evidentiary hearing.(ii) If a procedural hearing has been scheduled, after the submission of the arbitration panels decision on the procedural issues. Once submitted, a party may withdraw, but not otherwise modify, any economic issue submitted in its last offer of settlement except by stipulation of the parties.(d) Establish the start date of the evidentiary hearing, if a procedural hearing was held under subrule 3(b) of this rule.(4) The record shall be the official record of the evidentiary hearing. Before the first day of the evidentiary hearing, the arbitrator shall give reasonable notice, in writing, to the commission's court reporting supervisor of the dates, times, and locations of the evidentiary hearings. A court reporter shall be assigned by the commission or designee. If the hearing date is canceled or changed, the arbitrator shall notify the commission's court reporting supervisor immediately. If a transcript of the hearing is made and a party asserts that the transcript is incorrect, then the transcript may be corrected if the errors are substantive. Proposed corrections may be submitted by stipulation or motion to the arbitrator with notice to the other party. After notice and an opportunity to submit statements in opposition by the other party, the arbitrator shall rule on whether the transcript will be corrected.(5) The cost of the hearing transcript shall be paid by the party or parties requesting the transcript. The cost of a hearing transcript for the benefit of the panel chair shall be divided equally among the parties.(6) On written application of either party, the panel may issue subpoenas requiring attendance and testimony of witnesses and the production of any evidence, including books, records, correspondence, or documents, in their possession or under their control which the panel considers material to a just determination of the issues in dispute. Witnesses who are subpoenaed before the arbitration panel shall be paid the same fees and mileage that are paid to witnesses in the circuit courts. Payment shall be made by the party who requested that the witness appear and shall be made before the time that the witness testifies. An application for a subpoena may be made ex parte.(7) With the exception of motions that are stated orally on the record at a hearing, all motions shall be made in writing, served on the other party, and shall briefly state the order, ruling, or action that is sought and shall set forth, with particularity, the reasons for such motion. Any party may, by motion, request that the arbitrator take any action which the arbitrator is authorized to take. Any statement opposing a motion shall be promptly filed and shall conform to the requirements of this subrule. The arbitrator shall rule upon motions that are filed with the arbitrator before the close of the hearing. Motions that are made during a hearing shall be ruled on by the arbitrator either during the hearing or at such time as the entire record is considered. All rulings on motions shall be in writing or, if announced at the hearing, may be stated orally on the record. All motions and any rulings or orders thereon shall become part of the record.(8) A party shall request the permission of the arbitrator before deposing a person on oral examination. The sole purpose for taking a deposition shall be to preserve evidence. Depositions shall not be taken for the purpose of discovery. Before deposing a person on oral examination, a party shall give reasonable notice, in writing, to the arbitrator and to the other party. The notice shall state all of the following information: (a) The date, time, and place for taking the deposition.(b) The name and address of each person to be examined.(c) If a subpoena has been served and directs the deponent to produce documents or other tangible things, then the designation of the material to be produced, as set forth in the subpoena, shall be attached to, or included in, the notice.(9) The arbitrator may extend or shorten the time for taking a deposition. The arbitrator shall regulate the scope, time, and order of taking depositions to best serve the convenience of the parties and the witnesses and to expedite the arbitration.(10) Testimony shall be taken by a court reporter. The examination and cross-examination of a witness shall be allowed. The technical rules of evidence shall not apply. All objections that are made at the deposition shall be noted on the record by the party who makes the objections, including objections to any of the following: (a) The manner of taking the deposition.(b) The evidence presented.(c) The conduct of the party.(11) On request of a party, documents and things that are produced for inspection during the examination of a witness shall be marked for identification and annexed to the deposition, if practicable, and may be inspected and copied by either party.Mich. Admin. Code R. 423.507