['Unions/Labor Relations']
['Alternative Dispute Resolution (ADR)']
06/11/2024
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Summary of differences between federal and state regulations
Federal law supporting alternative dispute resolution is found in the Administrative Dispute Resolution Act of 1996, 5 USC Sec. 571 – 584, and the Federal Arbitration Act, 9 USC Sec. 1 – 16. These laws provide some detail on ADR, but also leave it to various parties (government agencies, for instance) to adopt various forms of alternative dispute resolution.
In addition to the federal law, there are numerous state laws on ADR. In fact, thirty-five states have adopted the Uniform Arbitration Act as state law. Several states have also adopted the Revised Uniform Arbitration Act.
Below is a summary of Michigan’s requirements regarding ADR. Consult the regulatory links for detailed information.
Mediation and Arbitration
Under Michigan law, any labor dispute, other than a representation question, may lawfully be submitted to voluntary arbitration in the manner provided under Section 423.
When a labor dispute involves the meaning or interpretation of an existing collective agreement between an employer and a labor organization and the collective agreement provides for the use arbitration, the provisions of that agreement shall be binding upon the parties, and shall be complied with unless the parties agree to submit the dispute to some other arbitration procedure.
Disputes, other than representation questions, for which a settlement procedure by arbitration is not provided under any collective agreement between the employer and the labor organization involved, may be submitted to arbitration by agreement of the parties.
State
Contacts
Federal Mediation and Conciliation Service
Bureau of Employment Relations
National Labor Relations Board (Region 7)
Regulations
Michigan Compiled Laws Chapter, Section 423.1 et seq.
Federal
Contacts
Federal Mediation and Conciliation Service
National Labor Relations Board
Regulations
The Administrative Dispute Resolution Act of 1996, 5 USC sec. 571 – 584
The Federal Arbitration Act, 9 USC sec. 1 – 16
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