HB-4003, As Passed House, June 8, 2011

 

 

 

 

 

 

 

 

 

 

 

 

HOUSE BILL No. 4003

 

January 13, 2011, Introduced by Rep. Opsommer and referred to the Committee on Commerce.

 

     A bill to amend 1947 PA 336, entitled

 

"An act to prohibit strikes by certain public employees; to provide

review from disciplinary action with respect thereto; to provide

for the mediation of grievances and the holding of elections; to

declare and protect the rights and privileges of public employees;

and to prescribe means of enforcement and penalties for the

violation of the provisions of this act,"

 

by amending sections 1 and 14 (MCL 423.201 and 423.214), section 1

 

as amended by 1999 PA 204.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 1. (1) As used in this act:

 

     (a) "Bargaining representative" means a labor organization

 

recognized by an employer or certified by the commission as the

 

sole and exclusive bargaining representative of certain employees

 

of the employer.

 

     (b) "Commission" means the employment relations commission

 

created in section 3 of 1939 PA 176, MCL 423.3.

 

     (c) "Intermediate school district" means that term as defined


 

in section 4 of the revised school code, 1976 PA 451, MCL 380.4.

 

     (d) "Lockout" means the temporary withholding of work from a

 

group of employees by means of shutting down the operation of the

 

employer in order to bring pressure upon the affected employees or

 

the bargaining representative, or both, to accept the employer's

 

terms of settlement of a labor dispute.

 

     (e) "Public employee" means a person holding a position by

 

appointment or employment in the government of this state, in the

 

government of 1 or more of the political subdivisions of this

 

state, in the public school service, in a public or special

 

district, in the service of an authority, commission, or board, or

 

in any other branch of the public service, subject to the following

 

exceptions:

 

     (i) Beginning March 31, 1997, a person employed by a private

 

organization or entity that who provides services under a time-

 

limited contract with the this state or a political subdivision of

 

the this state or who receives a direct or indirect government

 

subsidy in his or her private employment is not an employee of the

 

this state or that political subdivision, and is not a public

 

employee. This provision shall not be superseded by any interlocal

 

agreement, memorandum of understanding, memorandum of commitment,

 

or other document similar to these.

 

     (ii) If, within 30 days after the effective date of the

 

amendatory act that added this subparagraph, If by April 9, 2000 a

 

public school employer that is the chief executive officer serving

 

in a school district of the first class under part 5A of the

 

revised school code, 1976 PA 451, MCL 380.371 to 380.376, issues an


 

order determining that it is in the best interests of the school

 

district, then a public school administrator employed by a school

 

district that is a school district of the first class under the

 

revised school code, 1976 PA 451, MCL 380.1 to 380.1852, is not a

 

public employee for purposes of this act. The exception under this

 

subparagraph applies to public school administrators employed by

 

that school district after the date of the order described in this

 

subparagraph whether or not the chief executive officer remains in

 

place in the school district. This exception does not prohibit the

 

chief executive officer or board of a school district of the first

 

class or its designee from having informal meetings with public

 

school administrators to discuss wages and working conditions.

 

     (f) "Public school academy" means a public school academy or

 

strict discipline academy organized under the revised school code,

 

1976 PA 451, MCL 380.1 to 380.1852.

 

     (g) "Public school administrator" means a superintendent,

 

assistant superintendent, chief business official, principal, or

 

assistant principal employed by a school district, intermediate

 

school district, or public school academy.

 

     (h) "Public school employer" means a public employer that is

 

the board of a school district, intermediate school district, or

 

public school academy; is the chief executive officer of a school

 

district in which a school reform board is in place under part 5A

 

of the revised school code, 1976 PA 451, MCL 380.371 to 380.376; or

 

is the governing board of a joint endeavor or consortium consisting

 

of any combination of school districts, intermediate school

 

districts, or public school academies.


 

     (i) "School district" means that term as defined in section 6

 

of the revised school code, 1976 PA 451, MCL 380.6, or a local act

 

school district as defined in section 5 of the revised school code,

 

1976 PA 451, MCL 380.5.

 

     (j) "Strike" means the concerted failure to report for duty,

 

the willful absence from one's position, the stoppage of work, or

 

the abstinence in whole or in part from the full, faithful, and

 

proper performance of the duties of employment for the purpose of

 

inducing, influencing, or coercing a change in employment

 

conditions, compensation, or the rights, privileges, or obligations

 

of employment. For employees of a public school employer, strike

 

also includes an action described in this subdivision that is taken

 

for the purpose of protesting or responding to an act alleged or

 

determined to be an unfair labor practice committed by the public

 

school employer.

 

     (2) This act does not limit, impair, or affect the right of a

 

public employee to the expression or communication of a view,

 

grievance, complaint, or opinion on any matter related to the

 

conditions or compensation of public employment or their betterment

 

as long as the expression or communication does not interfere with

 

the full, faithful, and proper performance of the duties of

 

employment.

 

     Sec. 14. (1) An election shall not be directed in any

 

bargaining unit or any subdivision within which, in the preceding

 

12-month period, a valid election was held. The commission shall

 

determine who is eligible to vote in the election and shall

 

promulgate rules governing the election. In an election involving


 

more than 2 choices, where if none of the choices on the ballot

 

receives a majority vote, a runoff election shall be conducted

 

between the 2 choices receiving the 2 largest numbers of valid

 

votes cast in the election. An election shall not be directed in

 

any bargaining unit or subdivision thereof where there is in force

 

and effect a valid collective bargaining agreement which that was

 

not prematurely extended and which that is of fixed duration. A

 

collective bargaining agreement shall not bar an election upon the

 

petition of persons not parties thereto where if more than 3 years

 

have elapsed since the agreement's execution or last timely

 

renewal, whichever was later.

 

     (2) An election shall not be directed for, and the commission

 

or a public employer shall not recognize, a bargaining unit of a

 

public employer consisting of individuals who are not public

 

employees. A bargaining unit that is formed or recognized in

 

violation of this subsection is invalid and void.

 

     Enacting section 1. This amendatory act is curative, reflects

 

the original intent of the legislature, and is retroactive.