September 8, 2011, Introduced by Senator MEEKHOF and referred to the Committee on Reforms, Restructuring and Reinventing.
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;
to require certain provisions in collective bargaining agreements;
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 A public school
employer's use of public
school resources to assist a labor organization in collecting dues
or service fees from wages of public school employees is a
prohibited contribution to the administration of a labor
organization. However, a public school employer's collection of
dues or service fees pursuant to a collective bargaining agreement
that is in effect on the effective date of the amendatory act that
added this sentence is not prohibited until the agreement expires
or is terminated, extended, or renewed. A public employer may
permit
employees to confer with it a labor organization 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
nothing
in However, this act or in any other law
of this state
shall
does not preclude 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.
(2) It is the purpose of this amendatory act 1973 PA 25 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.