HB-4003, As Passed House, June 8, 2011
January 13, 2011, Introduced by Rep. Opsommer and referred to the Committee on Commerce.
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;
and to prescribe means of enforcement and penalties for the
violation of the provisions of this act,"
by amending sections 1 and 14 (MCL 423.201 and 423.214), section 1
as amended by 1999 PA 204.
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 means of shutting down the operation of the
employer in order 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 a person 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
(i) Beginning March 31, 1997, a person employed by a private
that who provides services under a time-
the this state or a political subdivision of
this state or
who receives a direct or indirect government
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 This provision shall not be superseded by any interlocal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.
If, within 30 days after the effective date of
act that added this subparagraph, 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 a school
district that is a school district of the first class under the
revised school code, 1976 PA 451, MCL 380.1 to 380.1852, 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.
(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
(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
Sec. 14. (1) An election shall not be directed in any
bargaining unit or any subdivision within which, in the preceding
12-month period, a valid election was held. The commission shall
determine who is eligible to vote in the election and shall
promulgate rules governing the election. In an election involving
than 2 choices,
where if none of the choices on the ballot
receives a majority vote, a runoff election shall be conducted
between the 2 choices receiving the 2 largest numbers of valid
votes cast in the election. An election shall not be directed in
any bargaining unit or subdivision thereof where there is in force
effect a valid collective bargaining agreement
which that was
prematurely extended and
is of fixed duration. A
collective bargaining agreement shall not bar an election upon the
of persons not parties thereto
where if more than 3 years
have elapsed since the agreement's execution or last timely
renewal, whichever was later.
(2) An election shall not be directed for, and the commission
or a public employer shall not recognize, a bargaining unit of a
public employer consisting of individuals who are not public
employees. A bargaining unit that is formed or recognized in
violation of this subsection is invalid and void.
Enacting section 1. This amendatory act is curative, reflects
the original intent of the legislature, and is retroactive.