HOUSE BILL No. 4309

 

February 22, 2011, Introduced by Rep. Kowall and referred to the Committee on Local, Intergovernmental, and Regional Affairs.

 

     A bill to amend 1988 PA 57, entitled

 

"An act to provide for the incorporation by 2 or more

municipalities of certain authorities for the purpose of providing

emergency services to municipalities; to provide for the powers and

duties of authorities and of certain state and local agencies and

officers; to guarantee certain labor contracts and employment

rights in regard to the formation and reorganization of

authorities; to provide for certain condemnation proceedings; to

provide for fees; to provide for the levy of property taxes for

certain purposes; and to prescribe penalties and provide remedies,"

 

by amending the title and section 10 (MCL 124.610), the title as

 

amended by 2006 PA 652.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

TITLE

 

     An act to provide for the incorporation by 2 or more

 

municipalities of certain authorities for the purpose of providing


 

emergency services to municipalities; to provide for the powers and

 

duties of authorities and of certain state and local agencies and

 

officers; to guarantee certain labor contracts and employment

 

rights in regard to the formation and reorganization of

 

authorities; to provide for certain condemnation proceedings; to

 

provide for fees; to provide for the levy of property taxes for

 

certain purposes; and to prescribe penalties and provide remedies.

 

     Sec. 10. (1) Except as provided in subsection (2), employees

 

of a municipal emergency service whose duties are transferred to an

 

authority formed under this act shall be given comparable positions

 

of employment with the emergency service established by the

 

authority. , and shall maintain their seniority status and all

 

benefit rights of the position held in the municipal emergency

 

response service before the transfer.

 

     (2) If sufficient positions of comparable employment are not

 

available for all employees at the time of transfer, a less senior

 

employee who is not transferred to a comparable position shall be

 

placed on layoff status with the authority's emergency service and

 

shall be recalled to any position for which he or she may qualify,

 

which may occur after a reasonable training period, or as soon as

 

vacancies occur, or both. The layoff status, or any layoff list,

 

shall not be mandatorily honored beyond 3 years from the date of

 

layoff. The authority shall determine the number of positions

 

necessary to perform any emergency service, and shall not be

 

required to create or maintain unnecessary positions.

 

     (3) An authority may bargain collectively and enter into

 

agreements with labor organizations pursuant to Act No. 336 of the


 

Public Acts of 1947, being sections 423.201 to 423.216 of the

 

Michigan Compiled Laws. When the duties of a municipal emergency

 

service are transferred to an authority, the authority immediately

 

shall assume and be bound by any existing labor agreements

 

applicable to that municipal service for the remainder of the term

 

of the labor agreement. Subject to the provision of subsection (2),

 

the members and beneficiaries of any pension or retirement system

 

or other benefits established by a municipal emergency service

 

which is transferred to an authority shall have the same rights,

 

privileges, benefits, obligations, and status with respect to the

 

comparable systems established by the authority. under 1947 PA 336,

 

MCL 423.201 to 423.217. A representative of the employees or any

 

group of employees in a municipal emergency service who represent

 

or are entitled to represent the employees or a group of employees

 

of the municipal service , pursuant to Act No. 336 of the Public

 

Acts of 1947, under 1947 PA 336, MCL 423.201 to 423.217, shall

 

continue to represent the employee or group of employees after the

 

employees are transferred to an authority's emergency service. This

 

subsection does not limit the rights of employees, pursuant to

 

applicable law, to assert that a bargaining representative

 

protected by this subsection is no longer their representative.

 

     (4) An employee who left the employ of the municipal emergency

 

response service to enter the military service of the United States

 

shall have the same employment rights as to the emergency service

 

as they would have had under the municipal emergency response

 

service pursuant to Act No. 263 of the Public Acts of 1951, being

 

sections 35.351 to 35.356 of the Michigan Compiled Laws. under 1951


 

PA 263, MCL 35.351 to 35.356.