January 13, 2011, Introduced by Reps. Knollenberg, MacMaster, McMillin and Genetski and referred to the Committee on Oversight, Reform, and Ethics.
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 section 10 (MCL 423.210).
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
10. (1) It shall be unlawful for a A public employer or
an officer or agent of a public employer shall not do any of the
following:
(a) to interfere Interfere with, restrain, or coerce public
employees in the exercise of their rights guaranteed in section 9.
;
(b) to initiate, Initiate, create, dominate, contribute to, or
interfere with the formation or administration of any labor
organization, :
Provided, That a public employer shall not be
prohibited
from permitting but a public
employer may permit
employees to confer with it during working hours without loss of
time
or pay. ;
(c) to discriminate Discriminate in regard to hire, terms or
other
conditions of employment in order to encourage or discourage
membership
in a labor organization, : Provided further, That but
nothing
in this act or in any law of this state shall preclude
precludes a public employer from making an agreement with an
exclusive
bargaining representative as defined described in section
11 to require as a condition of employment that all employees in
the bargaining unit pay to the exclusive bargaining representative
a service fee equivalent to the amount of dues uniformly required
of
members of the exclusive bargaining representative. ;
(d) to discriminate Discriminate against a public employee
because he or she has given testimony or instituted proceedings
under
this act. ; or
(e) to refuse Refuse to bargain
collectively with the
representatives of its public employees, subject to the provisions
of section 11.
(f) After the effective date of the amendatory act that added
this subdivision, enter into or renew a bargaining agreement that
requires or allows paid release time for union officers or
bargaining representatives to conduct union business if the release
time is paid by the public employer.
(2) It is the purpose of this the amendatory
act that added
this subsection to reaffirm the continuing public policy of this
state that the stability and effectiveness of labor relations in
the
public sector require, if such the
requirement is negotiated
with the public employer, that all employees in the bargaining unit
shall share fairly in the financial support of their exclusive
bargaining representative by paying to the exclusive bargaining
representative
a service fee which that may be equivalent to the
amount of dues uniformly required of members of the exclusive
bargaining representative.
(3)
It shall be unlawful for a A
labor organization or its
agents shall not do any of the following:
(a) to restrain or coerce: (i) public Restrain or coerce
public employees in the exercise of the rights guaranteed in
section
9. : Provided, That this This subdivision
shall does not
impair the right of a labor organization to prescribe its own rules
with respect to the acquisition or retention of membership.
therein;
or (ii) a
(b) Restrain or coerce a public employer in the selection of
its representatives for the purposes of collective bargaining or
the
adjustment of grievances. ; (b) to cause
(c) Cause or attempt to cause a public employer to
discriminate
against a public employee in violation of subdivision
(c)
of subsection (1); or (c) to refuse subsection (1)(c).
(d) Refuse to bargain collectively with a public employer,
provided it is the representative of the public employer's
employees subject to section 11.