HOUSE BILL No. 4843
September 22, 1999, Introduced by Reps. DeWeese, Gosselin, Kuipers, Allen, Tabor and Rick Johnson and referred to the Committee on Employment Relations, Training and Safety. A bill to amend 1947 PA 336, entitled "An act to prohibit strikes by certain public employees; to pro- vide review from disciplinary action with respect thereto; to provide for the mediation of grievances and the holding of elec- tions; to declare and protect the rights and privileges of public employees; and to prescribe means of enforcement and penalties for the violation of the provisions of this act," by amending sections 1 and 2a (MCL 423.201 and 423.202a), section 1 as amended by 1996 PA 543 and section 2a as added by 1994 PA 112. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 Sec. 1. (1) As used in this act: 2 (a) "Bargaining representative" means a labor organization 3 recognized by an employer or certified by the commission as the 4 sole and exclusive bargaining representative of certain employees 5 of the employer. 04847'99 TAV 2 1 (b) "Commission" means the employment relations commission 2 created in section 3 of Act No. 176 of the Public Acts of 1939, 3 being section 423.3 of the Michigan Compiled Laws 1939 PA 176, 4 MCL 423.3. 5 (c) "Intermediate school district" means that term as 6 defined in section 4 of the revised school code, Act No. 451 of 7 the Public Acts of 1976, being section 380.4 of the Michigan 8 Compiled Laws 1976 PA 451, MCL 380.4. 9 (d) "Lockout" means the temporary withholding of work from a 10 group of employees by means of shutting down the operation of the 11 employer in order to bring pressure upon the affected employees 12 or the bargaining representative, or both, to accept the 13 employer's terms of settlement of a labor dispute. 14 (e) "Public employee" means a person holding a position by 15 appointment or employment in the government of this state, in the 16 government of 1 or more of the political subdivisions of this 17 state, in the public school service, in a public or special dis- 18 trict, in the service of an authority, commission, or board, or 19 in any other branch of the public service. Beginning on the 20 effective date of the amendatory act that added this sentence 21 MARCH 31, 1997, a person employed by a private organization or 22 entity that provides services under a time-limited contract with 23 the state or a political subdivision of the state is not an 24 employee of the state or that political subdivision, and is not a 25 public employee. 26 (f) "Public school academy" means a public school academy OR 27 STRICT DISCIPLINE ACADEMY organized under part 6a of Act No. 451 04847'99 3 1 of the Public Acts of 1976, being sections 380.501 to 380.507 of 2 the Michigan Compiled Laws THE REVISED SCHOOL CODE, 1976 PA 451, 3 MCL 380.1 TO 380.1852. 4 (G) "PUBLIC SCHOOL EMPLOYEE" MEANS A PUBLIC EMPLOYEE 5 EMPLOYED BY A PUBLIC SCHOOL EMPLOYER. 6 (H) (g) "Public school employer" means a public employer 7 that is the board of a school district, intermediate school dis- 8 trict, or public school academy, or is the governing board of a 9 joint endeavor or consortium consisting of any combination of 10 school districts, intermediate school districts, or public school 11 academies. 12 (I) (h) "School district" means that term as defined in 13 section 6 of Act No. 451 of the Public Acts of 1976, being 14 section 380.6 of the Michigan Compiled Laws THE REVISED SCHOOL 15 CODE, 1976 PA 451, MCL 380.6, or a local act school district as 16 defined in section 5 of Act No. 451 of the Public Acts of 1976, 17 being section 380.5 of the Michigan Compiled Laws THE REVISED 18 SCHOOL CODE, 1976 PA 451, MCL 380.5. 19 (J) (i) "Strike" means the concerted failure to report for 20 duty, the willful absence from one's position, the stoppage of 21 work, or the abstinence in whole or in part from the full, faith- 22 ful, and proper performance of the duties of employment for the 23 purpose of inducing, influencing, or coercing a change in employ- 24 ment conditions, compensation, or the rights, privileges, or 25 obligations of employment. For employees of a public school 26 employer, strike also includes an action described in this 27 subdivision that is taken for the purpose of protesting or 04847'99 4 1 responding to an act alleged or determined to be an unfair labor 2 practice committed by the public school employer. 3 (2) This act does not limit, impair, or affect the right of 4 a public employee to the expression or communication of a view, 5 grievance, complaint, or opinion on any matter related to the 6 conditions or compensation of public employment or their better- 7 ment as long as the expression or communication does not inter- 8 fere with the full, faithful, and proper performance of the 9 duties of employment. 10 Sec. 2a. (1) If a public school employer alleges HAS 11 KNOWLEDGE OF FACTS INDICATING that there is a strike by 1 or 12 more public school employees HAS OCCURRED in violation of 13 section 2, THE PUBLIC SCHOOL EMPLOYER IMMEDIATELY SHALL NOTIFY 14 THE COMMISSION OF THE ALLEGED STRIKE AND THE COMMISSION SHALL 15 PROCEED AS PROVIDED UNDER THIS SECTION. IN ADDITION, IF A PUBLIC 16 SCHOOL EMPLOYER FAILS TO NOTIFY THE COMMISSION OF AN ALLEGED 17 STRIKE BY 1 OR MORE OF ITS PUBLIC SCHOOL EMPLOYEES WITHIN 24 18 HOURS AFTER A STRIKE IS ALLEGED TO HAVE COMMENCED, A PARENT OR 19 LEGAL GUARDIAN OF A PUPIL ENROLLED IN A SCHOOL OR PROGRAM OPER- 20 ATED BY THE PUBLIC SCHOOL EMPLOYER WHO BELIEVES THAT A STRIKE HAS 21 OCCURRED BY 1 OR MORE PUBLIC SCHOOL EMPLOYEES OF THAT PUBLIC 22 SCHOOL EMPLOYER MAY NOTIFY THE COMMISSION OF THE ALLEGED STRIKE, 23 AND THE COMMISSION SHALL PROCEED AS PROVIDED IN THIS SECTION. 24 UPON REQUEST BY THE COMMISSION, the public school employer OR 25 OTHER PERSON MAKING THE ALLEGATION shall notify the commission of 26 the full or partial days a public school employee was IS 27 ALLEGED TO HAVE BEEN engaged in the alleged A strike. 04847'99 5 1 (2) If a bargaining representative alleges that there is a 2 lockout by a public school employer in violation of section 2, 3 the bargaining representative shall notify the commission of the 4 full or partial days of the alleged lockout. 5 (3) Within 60 7 days after receipt of a notice made pursu- 6 ant to subsection (1) or (2), the commission shall conduct a 7 hearing to determine if there has been a violation and shall 8 issue its decision and order. A hearing conducted under this 9 subsection is separate and distinct from, and is not subject to 10 the procedures and timelines of, a proceeding conducted under 11 section 6. THE COMMISSION SHALL ISSUE ITS FINAL DECISION UNDER 12 THIS SUBSECTION AND, IF APPLICABLE, IMPOSE THE FINE REQUIRED 13 UNDER SUBSECTION (4), WITHIN 30 DAYS AFTER THE COMMENCEMENT OF 14 THE HEARING. THE COMMISSION SHALL CONDUCT A CONSOLIDATED HEARING 15 FOR ALL AFFECTED PUBLIC SCHOOL EMPLOYEES WHO ARE SIMILARLY SITUA- 16 TED IF ALL OF THE FOLLOWING APPLY: 17 (A) THE COMMISSION DETERMINES THAT EACH AFFECTED INDIVIDUAL 18 PUBLIC SCHOOL EMPLOYEE'S DUE PROCESS RIGHTS ARE PROTECTED BY THE 19 CONSOLIDATED HEARING. 20 (B) THE COMMISSION DETERMINES THAT IT IS IN THE BEST INTER- 21 ESTS OF THIS STATE TO CONDUCT A CONSOLIDATED HEARING. 22 (C) THE COMMISSION HAS PUBLISHED, IN A NEWSPAPER OF GENERAL 23 CIRCULATION IN THE TERRITORY SERVED BY THE PUBLIC SCHOOL EMPLOY- 24 ER, A NOTICE OF THE COMMISSION'S INTENT TO HOLD A CONSOLIDATED 25 HEARING. THE NOTICE SHALL INCLUDE A STATEMENT OF THE RIGHT OF 26 OTHER SIMILARLY SITUATED PUBLIC SCHOOL EMPLOYERS TO JOIN THE 27 HEARING BY NOTIFYING THE COMMISSION WITHIN 10 DAYS AFTER 04847'99 6 1 PUBLICATION OF THE NOTICE. THE COMMISSION SHALL AFFORD SIMILARLY 2 SITUATED PUBLIC SCHOOL EMPLOYEES WITH THIS RIGHT TO JOIN THE CON- 3 SOLIDATED HEARING. 4 (4) If, after a hearing under subsection (3), a majority of 5 the commission finds that 1 or more public school employees 6 engaged in a strike in violation of section 2, the commission 7 shall fine each public school employee an amount equal to 1 day 8 of pay for that public school employee for each full or partial 9 day that he or she engaged in the strike and shall fine the bar- 10 gaining representative of the public school employee or employees 11 $5,000.00 for each full or partial day the public school employee 12 or employees engaged in the strike. 13 (5) If, after a hearing under subsection (3), a majority of 14 the commission finds that a public school employer instituted a 15 lockout in violation of section 2, the commission shall fine the 16 public school employer $5,000.00 for each full or partial day of 17 the lockout and shall fine each member of the public school 18 employer's governing board $250.00 for each full or partial day 19 of the lockout. 20 (6) If the commission imposes a fine against a public school 21 employee under subsection (4) and the public school employee con- 22 tinues to be employed by a public school employer, the commission 23 shall order the public school employer to deduct the fine from 24 the public school employee's annual salary. The public school 25 employee's annual salary is the annual salary that is established 26 in the applicable contract in effect at the time of the strike 27 or, if no applicable contract is in effect at the time of the 04847'99 7 1 strike, in the applicable contract in effect at the time of the 2 decision and order. However, if no applicable contract is in 3 effect at either of those times, the public school employee's 4 annual salary shall be considered to be the annual salary that 5 applied or would have applied to the public school employee in 6 the most recent applicable contract in effect before the strike. 7 A public school employer shall comply promptly with an order 8 under this subsection. A deduction under this subsection is not 9 a demotion for the purposes of Act No. 4 of the Extra Session of 10 1937, being sections 38.71 to 38.191 of the Michigan Compiled 11 Laws 1937 (EX SESS) PA 4, MCL 38.71 TO 38.191. 12 (7) The commission shall transmit money received from fines 13 imposed under this section, and a public school employer shall 14 transmit money deducted pursuant to an order under 15 subsection (6), to the state treasurer for deposit in the state 16 school aid fund established under section 11 of article IX of the 17 state constitution of 1963. 18 (8) If the commission does not receive payment of a fine 19 imposed under this section within 30 days after the imposition of 20 the fine, or if a public school employer does not deduct a fine 21 from a public school employee's pay pursuant to an order under 22 subsection (6), the commission shall institute collection 23 proceedings. 24 (9) Fines imposed under this section are in addition to all 25 other penalties prescribed by this act and by law. 26 (10) A public school employer may bring an action to enjoin 27 a strike by public school employees in violation of section 2, 04847'99 8 1 and a bargaining representative may bring an action to enjoin a 2 lockout by a public school employer in violation of section 2, in 3 the circuit court for the county in which the affected public 4 school is located. A court having jurisdiction of an action 5 brought under this subsection shall grant injunctive relief if 6 the court finds that a strike or lockout has occurred, without 7 regard to the existence of other remedies, demonstration of 8 irreparable harm, or other factors. Failure to comply with an 9 order of the court may be punished as contempt. In addition, the 10 court shall award court costs and reasonable attorney fees to a 11 plaintiff who prevails in an action brought under this 12 subsection. 13 (11) A public school employer shall not provide to a public 14 school employee or to a board member any compensation or addi- 15 tional work assignment that is intended to reimburse the public 16 school employee or board member for a monetary penalty imposed 17 under this section or that is intended to allow the public school 18 employee or board member to recover a monetary penalty imposed 19 under this section. 20 (12) As used in this section, "public school employee" 21 means a person employed by a public school employer. THE COMMIS- 22 SION SHALL PROMULGATE RULES FOR THE CONSOLIDATED HEARING PROCESS 23 UNDER SUBSECTION (3) TO ENSURE THAT AN INDIVIDUAL'S DUE PROCESS 24 RIGHTS ARE PROTECTED. THE RULES SHALL BE PROMULGATED UNDER THE 25 ADMINISTRATIVE PROCEDURES ACT OF 1969, 1969 PA 306, MCL 24.201 TO 26 24.328. 04847'99 Final page. TAV