September 13, 2016, Introduced by Rep. Glenn and referred to the Committee on Commerce and Trade.
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 1 and 6 (MCL 423.201 and 423.206), section 1
as amended by 2014 PA 414 and section 6 as amended by 2016 PA 194.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1. (1) As used in this act:
(a) "Bargaining representative" means a labor organization
recognized by an employer or certified by the commission as the
sole and exclusive bargaining representative of certain employees
of the employer.
(b) "Commission" means the employment relations commission
created in section 3 of 1939 PA 176, MCL 423.3.
(c) "Intermediate school district" means that term as defined
in section 4 of the revised school code, 1976 PA 451, MCL 380.4.
(d) "Lockout" means the temporary withholding of work from a
group of employees by shutting down the operation of the employer
to bring pressure upon the affected employees or the bargaining
representative, or both, to accept the employer's terms of
settlement of a labor dispute.
(e) "Public employee" means an individual holding a position
by appointment or employment in the government of this state, in
the government of 1 or more of the political subdivisions of this
state, in the public school service, in a public or special
district, in the service of an authority, commission, or board, or
in any other branch of the public service, subject to the following
exceptions:
(i) An individual employed by a private organization or entity
who provides services under a time-limited contract with this state
or a political subdivision of this state or who receives a direct
or indirect government subsidy in his or her private employment is
not an employee of this state or that political subdivision, and is
not a public employee. This provision shall not be superseded by
any interlocal agreement, memorandum of understanding, memorandum
of commitment, or other document similar to these.
(ii) If, by April 9, 2000, a public school employer
that is
the
chief executive officer serving in a school district of the
first
class under part 5A of the revised school code, 1976 PA 451,
MCL
380.371 to 380.376, issues an order determining that it is in
the
best interests of the school district, then a public school
administrator
employed by that school district is not a public
employee
for purposes of this act. The exception under this
subparagraph
applies to public school administrators employed by
that
school district after the date of the order described in this
subparagraph
whether or not the chief executive officer remains in
place
in the school district. This exception does not prohibit the
chief
executive officer or board of a school district of the first
class
or its designee from having informal meetings with public
school
administrators to discuss wages and working conditions.
(ii) (iii) An
individual serving as a graduate student
research assistant or in an equivalent position, a student
participating in intercollegiate athletics on behalf of a public
university in this state, or any individual whose position does not
have sufficient indicia of an employer-employee relationship using
the 20-factor test announced by the internal revenue service of the
United States department of treasury in revenue ruling 87-41, 1987-
1 C.B. 296 is not a public employee entitled to representation or
collective bargaining rights under this act.
(f) "Public school academy" means a public school academy or
strict discipline academy organized under the revised school code,
1976 PA 451, MCL 380.1 to 380.1852.
(g) "Public school administrator" means a superintendent,
assistant superintendent, chief business official, principal, or
assistant principal employed by a school district, intermediate
school district, or public school academy.
(h) "Public school employer" means a public employer that is
the board of a school district, intermediate school district, or
public
school academy; is the chief executive officer of a school
district
in which a school reform board is in place under part 5A
of
the revised school code, 1976 PA 451, MCL 380.371 to 380.376; or
is the governing board of a joint endeavor or consortium consisting
of any combination of school districts, intermediate school
districts, or public school academies.
(i) "School district" means that term as defined in section 6
of the revised school code, 1976 PA 451, MCL 380.6, or a local act
school district as defined in section 5 of the revised school code,
1976 PA 451, MCL 380.5.
(j) "Strike" means the concerted failure to report for duty,
the willful absence from one's position, the stoppage of work, or
the abstinence in whole or in part from the full, faithful, and
proper
performance of the duties of employment. for the purpose of
inducing,
influencing, or coercing a change in employment
conditions,
compensation, or the rights, privileges, or obligations
of
employment. For employees of a public school employer, strike
also
includes an action described in this subdivision that is taken
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.
(2) This act does not limit, impair, or affect the right of a
public employee to the expression or communication of a view,
grievance, complaint, or opinion on any matter related to the
conditions or compensation of public employment or their betterment
as long as the expression or communication does not interfere with
the full, faithful, and proper performance of the duties of
employment.
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 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 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.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.