September 21, 2016, Introduced by Rep. Lucido 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 section 15b (MCL 423.215b), as amended by 2014 PA 322.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 15b. (1) Except as otherwise provided in this section,
after the expiration date of a collective bargaining agreement and
until a successor collective bargaining agreement is in place, a
public employer shall pay and provide wages and benefits at levels
and amounts that are no greater than those in effect on the
expiration date of the collective bargaining agreement. The
prohibition in this subsection includes increases that would result
from wage step increases. Employees who receive health, dental,
vision, prescription, or other insurance benefits under a
collective bargaining agreement shall bear any increased costs of
maintaining those benefits that occur after the expiration date.
The public employer may make payroll deductions necessary to pay
the increased costs of maintaining those benefits.
(2) Except as provided in subsection (3) or (4), the parties
to a collective bargaining agreement shall not agree to, and an
arbitration panel shall not order, any retroactive wage or benefit
levels or amounts that are greater than those in effect on the
expiration date of the collective bargaining agreement.
(3) For a collective bargaining agreement that expired before
June
8, 2011, the requirements of this section apply applies to
limit wages and benefits to the levels and amounts in effect on
June 8, 2011.
(4) All of the following apply to a public employee eligible
to submit labor disputes to compulsory arbitration under 1969 PA
312, MCL 423.231 to 423.247:
(a) Subsection (1) does not prohibit wage or benefit
increases, including step increases, expressly authorized under the
expired collective bargaining agreement.
(b) The increase in employee costs for maintaining health,
dental, vision, prescription, or other insurance benefits after the
collective bargaining contract expiration date that the employee is
required to bear under subsection (1) shall not cause the total
employee costs for those benefits to exceed the amount of the
employee's share under the publicly funded health insurance
contribution
act, 2011 PA 152, MCL 15.561 to 15.269. 15.569. If the
public employer is exempt from the limitations of that act, the
total
employee costs for those benefits shall not exceed the higher
of
the minimum required employee share
under section 3 or 4 of the
publicly funded health insurance contribution act, 2011 PA 152, MCL
15.563
and 15.264, 15.564, calculated as if the public employer
were subject to that act.
(c) Subsection (2) does not prohibit retroactive application
of a wage or benefit increase if the increase is awarded in the
decision of the arbitration panel under 1969 PA 312, MCL 423.231 to
423.247, or included in a negotiated bargaining agreement.
(5) As used in this section:
(a) "Expiration date" means the expiration date set forth in a
collective bargaining agreement without regard to any agreement of
the parties to extend or honor the collective bargaining agreement
during pending negotiations for a successor collective bargaining
agreement.
(b) "Increased costs" in regard to insurance benefits means
the difference in premiums or illustrated rates between the prior
year and the current coverage year. The difference shall be
calculated based on changes in costs by category of coverage and
not on changes in individual employee marital or dependent status.
Enacting section 1. This amendatory act takes effect March 1,
2017.
Enacting section 2. This amendatory act does not take effect
unless Senate Bill No.____ or House Bill No. 5924 (request no.
06514'16) of the 98th Legislature is enacted into law.