May 11, 2017, Introduced by Rep. Hornberger and referred to the Committee on Michigan Competitiveness.
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 the title and section 1 (MCL 423.201), the title as
amended by 2012 PA 53 and section 1 as amended by 2014 PA 414, and
by adding section 18.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
TITLE
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 establish reporting requirements for
certain bargaining representatives; to prescribe means of
enforcement
and penalties for the violation of the provisions of
this act; and to make appropriations.
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 is not
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
Internal
Revenue Service of the United States department
Department
of
treasury 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 employer" means an employer of a public employee.
(g) (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.
(h) (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.
(i) (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.
(j) (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.
(k) (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. 18. (1) A bargaining representative representing public
employees in this state shall file a copy of its constitution and
bylaws with the department of licensing and regulatory affairs,
together with a report, signed by the bargaining representative's
president and secretary or corresponding principal officers, that
contains all of the following information:
(a) The name of the bargaining representative, its mailing
address, and any other address at which it maintains its principal
office or keeps its records.
(b) The name and title of each of its officers.
(c) The membership fee and any other fee it requires from a
new or transferred member, including the fee for any work permit it
requires.
(d) The regular dues, fees, or other periodic payments
required to remain a member of the bargaining representative.
(e) A detailed statement of, or reference to, specific
provisions in documents filed under this section that contain
information regarding, provision for, and procedures followed with
respect to all of the following:
(i) Qualifications for or restrictions on membership.
(ii) Levying assessments.
(iii) Participating in insurance or other benefit plans.
(iv) Authorizing disbursement of bargaining representative
funds.
(v) Auditing bargaining representative financial transactions.
(vi) Calling regular and special meetings.
(vii) Selecting officers, stewards, and any representatives to
other bodies composed of bargaining representatives'
representatives, including a specific statement of the manner in
which each current officer was elected, appointed, or otherwise
selected.
(viii) Disciplining or removing officers or agents for
breaches of trust.
(ix) Imposing a fine or suspending or expelling a member,
including the grounds for the action and any provision for notice,
hearing, judgment on the evidence, or appeal procedures.
(x) Authorizing bargaining demands.
(xi) Ratifying contract terms.
(xii) Authorizing strikes.
(xiii) Issuing work permits.
(2) A bargaining representative shall file the report and
documents under subsection (1) by 30 days after the later of the
effective date of the amendatory act that added this section or the
date the bargaining representative first represents employees in
this state.
(3) A bargaining representative shall report any change in the
information required under subsection (1) to the department of
licensing and regulatory affairs at the time the reporting
bargaining representative files its annual financial report under
subsection (4).
(4) A bargaining representative shall file an annual financial
report with the department of licensing and regulatory affairs on
July 1 of each year. The president and treasurer of the bargaining
representative, or its corresponding principal officers, shall sign
the financial report. The financial report must contain all of the
following information in sufficient detail to accurately disclose
the bargaining representative's financial condition and operations
for its preceding fiscal year:
(a) Assets and liabilities at the beginning and end of the
fiscal year.
(b) Receipts of any kind and the sources of those receipts.
(c) Salary, allowances, and other direct or indirect
disbursements, including reimbursed expenses, paid or credited to
each officer and to each employee who, during the bargaining
representative's fiscal year, received more than $10,000.00 in the
aggregate from the bargaining representative and any other
affiliated local or national labor organization.
(d) Direct and indirect loans made to any officer, employee,
or member, if the loans aggregated to more than $250.00 during the
fiscal year, and a statement of the purpose, any security, and
arrangements for loan repayment.
(e) Direct and indirect loans to any business enterprise and a
statement of the purpose, any security, and arrangements for
repayment.
(f) Any other disbursements and the purposes for those
disbursements as the director of the department of licensing and
regulatory affairs requires.
(5) A bargaining representative shall make the information
required to be submitted under subsections (2) and (3) available to
its members.
(6) A bargaining representative that violates this section may
be ordered to pay a civil fine of not more than $500.00. The
attorney general or a county prosecutor may bring an action to
recover a civil fine under this section. A civil fine imposed under
this section is payable to this state and shall be credited to the
general fund.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.