PERA:  NO PAID RELEASE TIME FOR UNION

OFFICERS OR BARGAINING REPRESENTATIVES

Senate Bill 280 (reported as Substitute H-2)

Sponsor:  Sen. Marty Knollenberg

House Committee:  Commerce and Trade

Senate Committee:  Commerce

Complete to 12-8-16

SUMMARY:

The bill would amend the Public Employment Relations Act to prohibit bargaining agreements that require or allow paid release time for a union officer or bargaining representative to conduct union business if the release time is paid by the public employer.  This would apply to agreements entered into or renewed after the bill's effective date. The bill would take effect 90 days after its enactment.

This would not apply to bargaining agreements for employees subject to compulsory arbitration under Public Act 312 of 1969 (municipal police and fire departments) or for corrections officers employed by the state Department of Corrections or employed by a county sheriff in a county jail, work camp, or other facility maintained by a county that houses adult prisoners.  Nor would it apply to employees of a state or local transit authority seeking or receiving federal assistance under federal law (49 USC 5333(b)).

The term "release time" is defined in the bill as any of the following as defined in Section 4 of the Public Employees Retirement Act, or any other type of released time:

o   Employee organization professional services leave

o   Professional services leave

o   Employee organization professional services released time

o   Professional services released time

Community Colleges provision

The S-2 Substitute reported from committee also includes community colleges in an existing provision that prohibits a public school employer's use of public school resources to assist a labor organization in collecting dues or service fees from wages of their employees.  This does not apply to a collective bargaining agreement in effect on March 16, 2012 until it expires, is terminated, or is renewed.

MCL 423.210

FISCAL IMPACT:

The bill would have an indeterminate fiscal impact on the state and local units of government.  To the extent that employees continued to participate in leave or released time for which the public employer was previously paying, but would no longer be responsible, it would reduce costs.

The bill could create savings for community colleges by prohibiting them from expending public resources on assisting labor organizations in collecting dues or fees.

                                                                                        Legislative Analyst:   Chris Couch

                                                                                                Fiscal Analyst:   Bethany Wicksall

This analysis was prepared by nonpartisan House Fiscal Agency staff for use by House members in their deliberations, and does not constitute an official statement of legislative intent.