February 18, 2016, Introduced by Reps. Garcia, Poleski, Price and Pscholka and referred to the Committee on Appropriations.
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 sections 2a, 6, 10, 11, 13, and 15 (MCL 423.202a,
423.206, 423.210, 423.211, 423.213, and 423.215), section 2a as
added and section 6 as amended by 1994 PA 112 and sections 10 and
15 as amended by 2014 PA 414.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 2a. (1) If conditions constituting a strike by 1 or more
public school employees exist, the superintendent of public
instruction shall notify the commission of the full or partial days
a public school employee was engaged in the strike.
(2)
(1) If a public school employer alleges that there is a
strike by 1 or more public school employees in violation of section
2, the public school employer shall notify the commission of the
full or partial days a public school employee was engaged in the
alleged strike. If the public school employer has not notified the
commission of an allegation of a strike under this subsection, a
parent of a child who is enrolled in the school district may notify
the commission of the full or partial days 1 or more public school
employees were engaged in an alleged strike.
(3) (2)
If a bargaining representative
alleges that there is a
lockout by a public school employer in violation of section 2, the
bargaining representative shall notify the commission of the full
or partial days of the alleged lockout.
(4) (3)
Within 60 Not more than 2 days after receipt of a
notice
made pursuant to subsection (1), or (2), or (3), the
commission shall conduct a hearing to determine if there has been a
violation and shall issue its decision and order. The hearing shall
offer the bargaining representative, the public school employer,
the superintendent of public instruction, an affected public school
employee, and a parent who notified the commission under subsection
(2) an opportunity to present testimony or other evidence to
support or contest the allegation of a strike or lockout. A hearing
conducted under this subsection is separate and distinct from, and
is not subject to the procedures and timelines of, a proceeding
conducted under section 6.
(5) (4)
If, after a hearing under
subsection (3), (4), a
majority of the commission finds that 1 or more public school
employees engaged in a strike in violation of section 2, the
commission shall fine each public school employee an amount equal
to 1 day of pay for that public school employee for each full or
partial
day that he or she engaged in the strike. and shall fine
the
bargaining representative of the public school employee or
employees
$5,000.00 for each full or partial day the public school
employee
or employees engaged in the strike.
(6) (5)
If, after a hearing under
subsection (3), (4), a
majority of the commission finds that a public school employer
instituted a lockout in violation of section 2, the commission
shall fine the public school employer $5,000.00 for each full or
partial day of the lockout and shall fine each member of the public
school employer's governing board $250.00 for each full or partial
day of the lockout.
(7) (6)
If the commission imposes a fine
against a public
school
employee under subsection (4) (5)
and the public school
employee continues to be employed by a public school employer, the
commission shall order the public school employer to deduct the
fine from the public school employee's annual salary. The public
school employee's annual salary is the annual salary that is
established in the applicable contract in effect at the time of the
strike or, if no applicable contract is in effect at the time of
the strike, in the applicable contract in effect at the time of the
decision and order. However, if no applicable contract is in effect
at either of those times, the public school employee's annual
salary shall be considered to be the annual salary that applied or
would have applied to the public school employee in the most recent
applicable contract in effect before the strike. A public school
employer shall comply promptly with an order under this subsection.
A deduction under this subsection is not a demotion for the
purposes
of Act No. 4 of the Extra Session of 1937, being sections
38.71
to 38.191 of the Michigan Compiled Laws.1937 (Ex Sess) PA 4,
MCL 38.71 to 38.191.
(8) (7)
The commission shall transmit money
received from
fines imposed under this section, and a public school employer
shall transmit money deducted pursuant to an order under subsection
(6),
(7), to the state treasurer for deposit in the state
school
aid fund established under section 11 of article IX of the state
constitution of 1963.
(9) (8)
If the commission does not receive
payment of a fine
imposed under this section within 30 days after the imposition of
the fine, or if a public school employer does not deduct a fine
from a public school employee's pay pursuant to an order under
subsection
(6), (7), the commission shall institute collection
proceedings.
(10) (9)
Fines imposed under this section
are in addition to
all other penalties prescribed by this act and by law.
(11) (10)
A public school employer or the superintendent of
public instruction may bring an action to enjoin a strike by public
school employees in violation of section 2, and a bargaining
representative may bring an action to enjoin a lockout by a public
school employer in violation of section 2, in the circuit court for
the
county in which the affected public school is located. A If the
commission has made a determination after a hearing under
subsection (4) that a strike or lockout exists, that finding shall
not be overturned except by clear and convincing evidence. If the
court having jurisdiction of an action brought under this
subsection
shall grant injunctive relief if the court finds that a
strike
or lockout has occurred, without regard to the existence of
other
remedies, demonstration of irreparable harm, or other
factors.
Failure to comply with an order of the court may be
punished
as contempt. In addition, the court shall award court
costs
and reasonable attorney fees to a plaintiff who prevails in
an
action brought under this subsection.finds that conditions
constituting a strike or lockout in violation of section 2 exist
and unless clear and convincing evidence has shown that the
sanction would not be equitable or the sanction would duplicate a
sanction imposed by the commission for the same activity under
subsection (5) or (6), the court shall do all of the following:
(a) For a strike in violation of section 2, order each public
school employee to pay a fine in an amount equal to 1 day of pay
for that public school employee for each full or partial day the
public school employee engaged in the strike. For a lockout in
violation of section 2, order the public school employer to pay a
fine of $5,000.00 for each full or partial day of the lockout and
order each member of the public school employer's governing board
to pay a fine of $250.00 for each full or partial day of the
lockout.
(b) Order the public school employees or public school
employer acting in violation of section 2 to end the strike or
lockout.
(c) Award costs and attorney fees to a plaintiff who prevails
in an action under this subsection.
(d) Grant additional equitable relief that the court finds
appropriate.
(12) An order issued under subsection (11) is enforceable
through the court's contempt power.
(13) (11)
A public school employer shall not
provide to a
public school employee or to a board member any compensation or
additional work assignment that is intended to reimburse the public
school employee or board member for a monetary penalty imposed
under this section or that is intended to allow the public school
employee or board member to recover a monetary penalty imposed
under this section.
(14) (12)
As used in this section,
"public school employee"
means a person employed by a public school employer.
Sec. 6. (1) Notwithstanding the provisions of any other law, a
public employee who, by concerted action with others and without
the lawful approval of his or her superior, willfully absents
himself or herself from his or her position, or abstains in whole
or in part from the full, faithful and proper performance of his or
her duties for the purpose of inducing, influencing or coercing a
change in employment conditions, compensation, or the rights,
privileges, or obligations of employment, or a public employee
employed by a public school employer who engages in an action
described in this subsection 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, shall be
considered to be on strike.
(2) Before a public employer may discipline or discharge a
public employee for engaging in a strike, the public employee, upon
request, is entitled to a determination under this section as to
whether he or she violated this act. The request shall be filed in
writing, with the officer or body having power to remove or
discipline the employee, within 10 days after regular compensation
of the employee has ceased or other discipline has been imposed. If
a
request is filed, the officer or body, within 10 5 days
after
receipt of the request, shall commence a proceeding for the
determination of whether the public employee has violated this act.
The proceedings shall be held in accordance with the law and
regulations appropriate to a proceeding to remove the public
employee and shall be held without unnecessary delay. The decision
of
the officer or body shall be made within 10 2 days
after the
conclusion of the proceeding. If the employee involved is found to
have violated this act and his or her employment is terminated or
other discipline is imposed, the employee has the right of review
to the circuit court having jurisdiction of the parties, within 30
days from the date of the decision, for a determination as to
whether the decision is supported by competent, material, and
substantial evidence on the whole record. A public employer may
consolidate employee hearings under this subsection unless the
employee demonstrates manifest injustice from the consolidation.
This subsection does not apply to a penalty imposed under section
2a.
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 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 it is the representative of the public employer's
employees, subject to section 11.
(e) On or after the effective date of the amendatory act that
added this subdivision, enter into or renew a bargaining agreement
with a school district that is a community district organized under
the revised school code, 1976 PA 451, MCL 380.1 to 380.1852, if the
bargaining agreement requires or allows public-employer-paid
release time for a union officer or bargaining representative to
conduct union business.
(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 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 2012 PA 349:
(a) Respond to public inquiries regarding 2012 PA 349.
(b) Provide the commission with sufficient staff and other
resources to implement 2012 PA 349.
(c) Inform public employers, public employees, and labor
organizations concerning their rights and responsibilities under
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 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 July 1 of each year, each exclusive bargaining
representative that represents public employees in this state shall
have an independent examiner verify the exclusive bargaining
representative's calculation of all expenditures attributed to the
costs of collective bargaining, contract administration, and
grievance adjustment during the prior calendar year and shall file
that verification with the commission. The commission shall make
the exclusive bargaining representative's calculations available to
the public on the commission's website. The exclusive bargaining
representative shall also file a declaration identifying the local
bargaining units that are represented. Local bargaining units
identified in the declaration filed by the exclusive bargaining
representative are not required to file a separate calculation of
all expenditures attributed to the costs of collective bargaining,
contract
administration, and grievance adjustment. For fiscal year
2011-2012,
$100,000.00 is appropriated to the commission for the
costs
of implementing this subsection. For
fiscal year 2014-2015,
$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.
Sec. 11. Representatives designated or selected for purposes
of collective bargaining by the majority of the public employees in
a unit appropriate for such purposes, as provided in section 13,
shall be the exclusive representatives of all the public employees
in
such that unit for the purposes of collective bargaining in
respect to rates of pay, wages, hours of employment, or other
conditions
of employment , and
shall be so recognized by the public
employer. :
Provided, That However, any individual employee at any
time may present grievances to his or her employer and have the
grievances adjusted, without intervention of the bargaining
representative, if the adjustment is not inconsistent with the
terms of a collective bargaining contract or agreement then in
effect ,
provided that and the bargaining representative has been
given
opportunity to be present at such the adjustment.
Sec.
13. The commission shall decide in each case, to insure
ensure public employees the full benefit of their right to self-
organization, to collective bargaining, and otherwise to effectuate
the policies of this act, the unit appropriate for the purposes of
collective
bargaining as provided in section 9e of Act No. 176 of
the
Public Acts of 1939, as amended, being section 423.9e of the
Michigan
Compiled Laws: Provided, That in 1939
PA 176, MCL 423.9e.
In any fire department, or any department in whole or in part
engaged
in, or having the responsibility of, fire fighting, no a
person subordinate to a fire commission, fire commissioner, safety
director,
or other similar administrative agency or administrator ,
shall
be deemed not be
considered to be a supervisor.
Sec. 15. (1) A public employer shall bargain collectively with
the representatives of its employees as described in section 11 and
may make and enter into collective bargaining agreements with those
representatives. Except as otherwise provided in this section, for
the purposes of this section, to bargain collectively is to perform
the mutual obligation of the employer and the representative of the
employees to meet at reasonable times and confer in good faith with
respect to wages, hours, and other terms and conditions of
employment, or to negotiate an agreement, or any question arising
under the agreement, and to execute a written contract, ordinance,
or resolution incorporating any agreement reached if requested by
either party, but this obligation does not compel either party to
agree to a proposal or make a concession.
(2) A public school employer has the responsibility,
authority, and right to manage and direct on behalf of the public
the operations and activities of the public schools under its
control.
(3) Collective bargaining between a public school employer and
a bargaining representative of its employees shall not include any
of the following subjects:
(a) Who is or will be the policyholder of an employee group
insurance benefit. This subdivision does not affect the duty to
bargain with respect to types and levels of benefits and coverages
for employee group insurance. A change or proposed change in a type
or to a level of benefit, policy specification, or coverage for
employee group insurance shall be bargained by the public school
employer and the bargaining representative before the change may
take effect.
(b) Establishment of the starting day for the school year and
of the amount of pupil contact time required to receive full state
school aid under section 1284 of the revised school code, 1976 PA
451, MCL 380.1284, and under section 101 of the state school aid
act of 1979, 1979 PA 94, MCL 388.1701. In addition, for a public
school employer that is a community district organized under the
revised school code, 1976 PA 451, MCL 380.1 to 380.1852, collective
bargaining between the public school employer and a bargaining
representative of its employees shall not include any decision
related to an employee's work schedule or the school calendar or
the impact of that decision on an individual employee or the
bargaining unit.
(c) The composition of school improvement committees
established under section 1277 of the revised school code, 1976 PA
451, MCL 380.1277.
(d) The decision of whether or not to provide or allow
interdistrict or intradistrict open enrollment opportunity in a
school district or the selection of grade levels or schools in
which to allow an open enrollment opportunity.
(e) The decision of whether or not to act as an authorizing
body to grant a contract to organize and operate 1 or more public
school academies under the revised school code, 1976 PA 451, MCL
380.1 to 380.1852.
(f) The decision of whether or not to contract with a third
party for 1 or more noninstructional support services; or the
procedures for obtaining the contract for noninstructional support
services other than bidding described in this subdivision; or the
identity of the third party; or the impact of the contract for
noninstructional support services on individual employees or the
bargaining
unit. However, this subdivision the
preceding sentence
applies only if the bargaining unit that is providing the
noninstructional support services is given an opportunity to bid on
the contract for the noninstructional support services on an equal
basis as other bidders. In addition, for a public school employer
that is a community district organized under the revised school
code, 1976 PA 451, MCL 380.1 to 380.1852, collective bargaining
between the public school employer and a bargaining representative
of its employees shall not include the decision of whether or not
to contract with a third party for any support service; the
procedures for obtaining the contract for support services; the
identity of the third party; or the impact of the contract for
support services on an individual employee or the bargaining unit.
(g) The use of volunteers in providing services at its
schools.
(h) Decisions concerning use and staffing of experimental or
pilot programs and decisions concerning use of technology to
deliver educational programs and services and staffing to provide
that technology, or the impact of those decisions on individual
employees or the bargaining unit.
(i) Any compensation or additional work assignment intended to
reimburse an employee for or allow an employee to recover any
monetary penalty imposed under this act.
(j) Any decision made by the public school employer regarding
teacher placement, or the impact of that decision on an individual
employee or the bargaining unit. In addition, for a public school
employer that is a community district organized under the revised
school code, 1976 PA 451, MCL 380.1 to 380.1852, collective
bargaining between the public school employer and a bargaining
representative of its employees shall not include any decision made
by the public school employer regarding placement of any employee,
or the impact of that decision on an individual employee or the
bargaining unit.
(k) Decisions about the development, content, standards,
procedures, adoption, and implementation of the public school
employer's policies regarding personnel decisions when conducting a
staffing or program reduction or any other personnel determination
resulting in the elimination of a position, when conducting a
recall from a staffing or program reduction or any other personnel
determination resulting in the elimination of a position, or in
hiring after a staffing or program reduction or any other personnel
determination resulting in the elimination of a position, as
provided under section 1248 of the revised school code, 1976 PA
451, MCL 380.1248, any decision made by the public school employer
pursuant to those policies, or the impact of those decisions on an
individual employee or the bargaining unit. In addition, for a
public school employer that is a community district organized under
the revised school code, 1976 PA 451, MCL 380.1 to 380.1852,
collective bargaining between the public school employer and a
bargaining representative of its employees shall not include any
decision made by the public school employer about the development,
content, standards, procedures, adoption, and implementation of the
public school employer's policies regarding personnel decisions for
any employee or group of employees when conducting a staffing or
program reduction or any other personnel determination resulting in
the elimination of a position, when conducting a recall from a
staffing or program reduction or any other personnel determination
resulting in the elimination of a position, or in hiring after a
staffing or program reduction or any other personnel determination
resulting in the elimination of a position; any decision made by
the public school employer pursuant to those policies; or the
impact of those decisions on an individual employee or the
bargaining unit.
(l) Decisions about the development, content, standards,
procedures, adoption, and implementation of a public school
employer's performance evaluation system adopted under section 1249
of the revised school code, 1976 PA 451, MCL 380.1249, or under
1937 (Ex Sess) PA 4, MCL 38.71 to 38.191, decisions concerning the
content of a performance evaluation of an employee under those
provisions of law, or the impact of those decisions on an
individual employee or the bargaining unit. In addition, for a
public school employer that is a community district organized under
the revised school code, 1976 PA 451, MCL 380.1 to 380.1852,
collective bargaining between the public school employer and a
bargaining representative of its employees shall not include any
decision made by the public school employer about the development,
content, standards, procedures, adoption, and implementation of the
public school employer's performance evaluation system for any
employee or group of employees; decisions concerning the content of
a performance evaluation of an employee; or the impact of those
decisions on an individual employee or the bargaining unit.
(m) For public employees whose employment is regulated by 1937
(Ex Sess) PA 4, MCL 38.71 to 38.191, decisions about the
development, content, standards, procedures, adoption, and
implementation of a policy regarding discharge or discipline of an
employee, decisions concerning the discharge or discipline of an
individual employee, or the impact of those decisions on an
individual employee or the bargaining unit. For public employees
whose employment is regulated by 1937 (Ex Sess) PA 4, MCL 38.71 to
38.191, a public school employer shall not adopt, implement, or
maintain a policy for discharge or discipline of an employee that
includes a standard for discharge or discipline that is different
than the arbitrary and capricious standard provided under section 1
of article IV of 1937 (Ex Sess) PA 4, MCL 38.101. In addition, for
a public school employer that is a community district organized
under the revised school code, 1976 PA 451, MCL 380.1 to 380.1852,
collective bargaining between the public school employer and a
bargaining representative of its employees shall not include
decisions about the development, content, standards, procedures,
adoption, and implementation of a policy regarding discharge or
discipline of any employee or group of employees; decisions
concerning the discharge or discipline of any individual employee;
or the impact of those decisions on any individual employee or any
bargaining unit, and the public school employer shall not adopt,
implement, or maintain a policy for discharge or discipline of any
employee that includes a standard for discharge or discipline that
is different than a substantially similar arbitrary and capricious
standard.
(n) Decisions about the format, timing, or number of classroom
observations conducted for the purposes of section 3a of article II
of 1937 (Ex Sess) PA 4, MCL 38.83a, decisions concerning the
classroom observation of an individual employee, or the impact of
those decisions on an individual employee or the bargaining unit.
(o) Decisions about the development, content, standards,
procedures, adoption, and implementation of the method of
compensation required under section 1250 of the revised school
code, 1976 PA 451, MCL 380.1250, decisions about how an employee
performance evaluation is used to determine performance-based
compensation under section 1250 of the revised school code, 1976 PA
451, MCL 380.1250, decisions concerning the performance-based
compensation of an individual employee, or the impact of those
decisions on an individual employee or the bargaining unit.
(p) Decisions about the development, format, content, and
procedures of the notification to parents and legal guardians
required under section 1249a of the revised school code, 1976 PA
451, MCL 380.1249a.
(q) Any requirement that would violate section 10(3).
(4) Except as otherwise provided in subsection (3)(f), the
matters described in subsection (3) are prohibited subjects of
bargaining between a public school employer and a bargaining
representative of its employees, and, for the purposes of this act,
are within the sole authority of the public school employer to
decide.
(5) If a public school is placed in the state school
reform/redesign school district or is placed under a chief
executive officer under section 1280c of the revised school code,
1976 PA 451, MCL 380.1280c, then, for the purposes of collective
bargaining under this act, the state school reform/redesign officer
or the chief executive officer, as applicable, is the public school
employer of the public school employees of that public school for
as long as the public school is part of the state school
reform/redesign school district or operated by the chief executive
officer.
(6) A public school employer's collective bargaining duty
under this act and a collective bargaining agreement entered into
by a public school employer under this act are subject to all of
the following:
(a) Any effect on collective bargaining and any modification
of a collective bargaining agreement occurring under section 1280c
of the revised school code, 1976 PA 451, MCL 380.1280c.
(b) For a public school in which the superintendent of public
instruction implements 1 of the 4 school intervention models
described in section 1280c of the revised school code, 1976 PA 451,
MCL 380.1280c, if the school intervention model that is implemented
affects collective bargaining or requires modification of a
collective bargaining agreement, any effect on collective
bargaining and any modification of a collective bargaining
agreement under that school intervention model.
(7) Each collective bargaining agreement entered into between
a public employer and public employees under this act on or after
March 28, 2013 shall include a provision that allows an emergency
manager appointed under the local financial stability and choice
act, 2012 PA 436, MCL 141.1541 to 141.1575, to reject, modify, or
terminate the collective bargaining agreement as provided in the
local financial stability and choice act, 2012 PA 436, MCL 141.1541
to 141.1575. Provisions required by this subsection are prohibited
subjects of bargaining under this act.
(8) Collective bargaining agreements under this act may be
rejected, modified, or terminated pursuant to the local financial
stability and choice act, 2012 PA 436, MCL 141.1541 to 141.1575.
This act does not confer a right to bargain that would infringe on
the exercise of powers under the local financial stability and
choice act, 2012 PA 436, MCL 141.1541 to 141.1575.
(9) A unit of local government that enters into a consent
agreement under the local financial stability and choice act, 2012
PA 436, MCL 141.1541 to 141.1575, is not subject to subsection (1)
for the term of the consent agreement, as provided in the local
financial stability and choice act, 2012 PA 436, MCL 141.1541 to
141.1575.
(10) If the charter of a city, village, or township with a
population of 500,000 or more requires and specifies the method of
selection of a retirant member of the municipality's fire
department, police department, or fire and police department
pension or retirement board, the inclusion of the retirant member
on the board and the method of selection of that retirant member
are prohibited subjects of collective bargaining, and any provision
in a collective bargaining agreement that purports to modify that
charter requirement is void and of no effect.
(11) The following are prohibited subjects of bargaining and
are at the sole discretion of the public employer:
(a) A decision as to whether or not the public employer will
enter into an intergovernmental agreement to consolidate 1 or more
functions or services, to jointly perform 1 or more functions or
services, or to otherwise collaborate regarding 1 or more functions
or services.
(b) The procedures for obtaining a contract for the transfer
of functions or responsibilities under an agreement described in
subdivision (a).
(c) The identities of any other parties to an agreement
described in subdivision (a).
(12) Subsection (11) does not relieve a public employer of any
duty established by law to collectively bargain with its employees
as to the effect of a contract described in subsection (11)(a) on
its employees.
(13) An agreement with a collective bargaining unit shall not
require a public employer to pay the costs of an independent
examiner verification described in section 10(9).
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.
Enacting section 2. This amendatory act does not take effect
unless Senate Bill No.____ or House Bill No. 5384 (request no.
03997'15) of the 98th Legislature is enacted into law.