September 23, 2014, Introduced by Reps. Daley, Lauwers, Kurtz, Kelly, Price, Shirkey, Denby, Rogers, Lori, Lund and Haveman 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;
to require certain provisions in collective bargaining agreements;
to prescribe means of enforcement and penalties for the violation
of the provisions of this act; and to make appropriations,"
by amending section 10 (MCL 423.210), as amended by 2012 PA 349.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 10. (1) A public employer or an officer or agent of a
public employer shall not do any of the following:
(a) Interfere with, restrain, or coerce public employees in
the exercise of their rights guaranteed in section 9.
(b) Initiate, create, dominate, contribute to, or interfere
with the formation or administration of any labor organization. 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 March 16, 2012
is not prohibited until the agreement expires or is terminated,
extended, or renewed. A public employer may permit employees to
confer with a labor organization during working hours without loss
of time or pay.
(c) Discriminate in regard to hire, terms, or other conditions
of employment to encourage or discourage membership in a labor
organization.
(d) Discriminate against a public employee because he or she
has given testimony or instituted proceedings under this act.
(e) Refuse to bargain collectively with the representatives of
its
public employees, subject to the provisions of section 11.
(2) A labor organization or its agents shall not do any of the
following:
(a) Restrain or coerce public employees in the exercise of the
rights guaranteed in section 9. This subdivision does not impair
the right of a labor organization to prescribe its own rules with
respect to the acquisition or retention of membership.
(b) Restrain or coerce a public employer in the selection of
its representatives for the purposes of collective bargaining or
the adjustment of grievances.
(c) Cause or attempt to cause a public employer to
discriminate against a public employee in violation of subsection
(1)(c).
(d) Refuse to bargain collectively with a public employer,
provided
if it is the representative of the public employer's
employees subject to section 11.
(3) Except as provided in subsection (4), an individual shall
not be required as a condition of obtaining or continuing public
employment to do any of the following:
(a) Refrain or resign from membership in, voluntary
affiliation with, or voluntary financial support of a labor
organization or bargaining representative.
(b) Become or remain a member of a labor organization or
bargaining representative.
(c) Pay any dues, fees, assessments, or other charges or
expenses of any kind or amount, or provide anything of value to a
labor organization or bargaining representative.
(d) Pay to any charitable organization or third party any
amount that is in lieu of, equivalent to, or any portion of dues,
fees, assessments, or other charges or expenses required of members
of or public employees represented by a labor organization or
bargaining representative.
(4) The application of subsection (3) is subject to the
following:
(a) Subsection (3) does not apply to any of the following:
(i) A public police or fire department employee or any person
who seeks to become employed as a public police or fire department
employee as that term is defined under section 2 of 1969 PA 312,
MCL 423.232.
(ii) A state police trooper or sergeant who is granted rights
under section 5 of article XI of the state constitution of 1963 or
any individual who seeks to become employed as a state police
trooper or sergeant.
(b) Any person described in subdivision (a), or a labor
organization or bargaining representative representing persons
described in subdivision (a) and a public employer or this state
may agree that all employees in the bargaining unit shall share
fairly in the financial support of the labor organization or their
exclusive bargaining representative by paying a fee to the labor
organization or exclusive bargaining representative that may be
equivalent to the amount of dues uniformly required of members of
the labor organization or exclusive bargaining representative.
Section 9(2) shall not be construed to interfere with the right of
a public employer or this state and a labor organization or
bargaining representative to enter into or lawfully administer such
an agreement as it relates to the employees or persons described in
subdivision (a).
(c) If any of the exclusions in subdivision (a)(i) or (ii) are
found to be invalid by a court, the following apply:
(i) The individuals described in the exclusion found to be
invalid shall no longer be excepted from the application of
subsection (3).
(ii) Subdivision (b) does not apply to individuals described in
the invalid exclusion.
(5) An agreement, contract, understanding, or practice between
or involving a public employer, labor organization, or bargaining
representative that violates subsection (3) is unlawful and
unenforceable. This subsection applies only to an agreement,
contract, understanding, or practice that takes effect or is
extended
or renewed after the effective date of the amendatory act
that
added this subsection.March
28, 2013.
(6) The court of appeals has exclusive original jurisdiction
over any action challenging the validity of subsection (3), (4), or
(5). The court of appeals shall hear the action in an expedited
manner.
(7) For fiscal year 2012-2013, $1,000,000.00 is appropriated
to the department of licensing and regulatory affairs to be
expended
to do all of the following: regarding the amendatory act
that
added this subsection:
(a)
Respond to public inquiries regarding the amendatory
act.changes to this act made by 2012 PA 349.
(b) Provide the commission with sufficient staff and other
resources
to implement the amendatory act.changes
to this act made
by 2012 PA 349.
(c) Inform public employers, public employees, and labor
organizations concerning their rights and responsibilities under
the
amendatory act.changes to
this act made by 2012 PA 349.
(d) Any other purposes that the director of the department of
licensing and regulatory affairs determines in his or her
discretion
are necessary to implement the amendatory act.changes to
this act made by 2012 PA 349.
(8) A person, public employer, or labor organization that
violates subsection (3) is liable for a civil fine of not more than
$500.00. A civil fine recovered under this section shall be
submitted to the state treasurer for deposit in the general fund of
this state.
(9) By March 1 of each year, each exclusive bargaining
representative that represents public employees in this state shall
file with the commission an independent audit of all expenditures
attributed to the costs of collective bargaining, contract
administration, and grievance adjustment during the prior calendar
year. The commission shall make the audits available to the public
on the commission's website. For fiscal year 2011-2012, $100,000.00
is appropriated to the commission for the costs of implementing
this subsection.
(10) Except for actions required to be brought under
subsection (6), a person who suffers an injury as a result of a
violation or threatened violation of subsection (3) may bring a
civil action for damages, injunctive relief, or both. In addition,
a court shall award court costs and reasonable attorney fees to a
plaintiff who prevails in an action brought under this subsection.
Remedies provided in this subsection are independent of and in
addition to other penalties and remedies prescribed by this act.
(11) Subsection (1) does not require a public employer to
allow public posting in the workplace of names of individuals who
elect not to join a union.