HOUSE BILL No. 4621

 

May 10, 2011, Introduced by Reps. MacGregor, Horn, Lyons, Hooker, Yonker, Haveman, Shaughnessy and Farrington and referred to the Committee on Oversight, Reform, and Ethics.

 

     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;

and to prescribe means of enforcement and penalties for the

violation of the provisions of this act,"

 

by amending section 15 (MCL 423.215), as amended by 2011 PA 9.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 15. (1) A public employer shall bargain collectively with

 

the representatives of its employees as described in section 11 and

 

may make and enter into collective bargaining agreements with those

 

representatives. Except as otherwise provided in this section, for

 

the purposes of this section, to bargain collectively is the

 

performance of the mutual obligation of the employer and the


 

representative of the employees to meet at reasonable times and

 

confer in good faith with respect to wages, hours, and other terms

 

and conditions of employment, or the negotiation of an agreement,

 

or any question arising under the agreement, and the execution of a

 

written contract, ordinance, or resolution incorporating any

 

agreement reached if requested by either party, but this obligation

 

does not compel either party to agree to a proposal or require the

 

making of a concession.

 

     (2) A public school employer has the responsibility,

 

authority, and right to manage and direct on behalf of the public

 

the operations and activities of the public schools under its

 

control.

 

     (3) Collective bargaining between a public school employer and

 

a bargaining representative of its employees shall not include any

 

of the following subjects:

 

     (a) Who is or will be the policyholder of an employee group

 

insurance benefit. This subdivision does not affect the duty to

 

bargain with respect to types and levels of benefits and coverages

 

for employee group insurance. A change or proposed change in a type

 

or to a level of benefit, policy specification, or coverage for

 

employee group insurance shall be bargained by the public school

 

employer and the bargaining representative before the change may

 

take effect.

 

     (b) Establishment of the starting day for the school year and

 

of the amount of pupil contact time required to receive full state

 

school aid under section 1284 of the revised school code, 1976 PA

 

451, MCL 380.1284, and under section 101 of the state school aid


 

act of 1979, 1979 PA 94, MCL 388.1701.

 

     (c) The composition of school improvement committees

 

established under section 1277 of the revised school code, 1976 PA

 

451, MCL 380.1277.

 

     (d) The decision of whether or not to provide or allow

 

interdistrict or intradistrict open enrollment opportunity in a

 

school district or of which grade levels or schools in which to

 

allow such an open enrollment opportunity.

 

     (e) The decision of whether or not to act as an authorizing

 

body to grant a contract to organize and operate 1 or more public

 

school academies under the revised school code, 1976 PA 451, MCL

 

380.1 to 380.1852.

 

     (f) The decision of whether or not to contract with a third

 

party for 1 or more noninstructional support services; or the

 

procedures for obtaining the contract for noninstructional support

 

services other than bidding described in this subdivision; or the

 

identity of the third party; or the impact of the contract for

 

noninstructional support services on individual employees or the

 

bargaining unit. However, this subdivision applies only if the

 

bargaining unit that is providing the noninstructional support

 

services is given an opportunity to bid on the contract for the

 

noninstructional support services on an equal basis as other

 

bidders.

 

     (g) The use of volunteers in providing services at its

 

schools.

 

     (h) Decisions concerning use of experimental or pilot programs

 

and staffing of experimental or pilot programs and decisions


 

concerning use of technology to deliver educational programs and

 

services and staffing to provide the technology, or the impact of

 

these decisions on individual employees or the bargaining unit.

 

     (i) Any compensation or additional work assignment intended to

 

reimburse an employee for or allow an employee to recover any

 

monetary penalty imposed under this act.

 

     (j) Any amount paid by a public school employer toward

 

employee medical benefits that is in excess of the limits

 

established under section 1255a of the revised school code, 1976 PA

 

451, MCL 380.1255a.

 

     (4) Except as otherwise provided in subsection (3)(f), the

 

matters described in subsection (3) are prohibited subjects of

 

bargaining between a public school employer and a bargaining

 

representative of its employees, and, for the purposes of this act,

 

are within the sole authority of the public school employer to

 

decide.

 

     (5) If a public school is placed in the state school

 

reform/redesign school district or is placed under a chief

 

executive officer under section 1280c of the revised school code,

 

1976 PA 451, MCL 380.1280c, then, for the purposes of collective

 

bargaining under this act, the state school reform/redesign officer

 

or the chief executive officer, as applicable, is the public school

 

employer of the public school employees of that public school for

 

as long as the public school is part of the state school

 

reform/redesign school district or operated by the chief executive

 

officer.

 

     (6) A public school employer's collective bargaining duty


 

under this act and a collective bargaining agreement entered into

 

by a public school employer under this act are subject to all of

 

the following:

 

     (a) Any effect on collective bargaining and any modification

 

of a collective bargaining agreement occurring under section 1280c

 

of the revised school code, 1976 PA 451, MCL 380.1280c.

 

     (b) For a public school in which the superintendent of public

 

instruction implements 1 of the 4 school intervention models

 

described in section 1280c of the revised school code, 1976 PA 451,

 

MCL 380.1280c, if the school intervention model that is implemented

 

affects collective bargaining or requires modification of a

 

collective bargaining agreement, any effect on collective

 

bargaining and any modification of a collective bargaining

 

agreement under that school intervention model.

 

     (7) Each collective bargaining agreement entered into between

 

a public employer and public employees under this act after the

 

effective date of the amendatory act that added this subsection

 

March 16, 2011 shall include a provision that allows an emergency

 

manager appointed under the local government and school district

 

fiscal accountability act, 2011 PA 4, MCL 141.1501 to 141.1531, to

 

reject, modify, or terminate the collective bargaining agreement as

 

provided in the local government and school district fiscal

 

accountability act, 2011 PA 4, MCL 141.1501 to 141.1531. Provisions

 

required by this subsection are prohibited subjects of bargaining

 

under this act.

 

     (8) Collective bargaining agreements under this act may be

 

rejected, modified, or terminated pursuant to the local government


 

and school district fiscal accountability act, 2011 PA 4, MCL

 

141.1501 to 141.1531. This act does not confer a right to bargain

 

that would infringe on the exercise of powers under the local

 

government and school district fiscal accountability act, 2011 PA

 

4, MCL 141.1501 to 141.1531.

 

     (9) A unit of local government that enters into a consent

 

agreement under the local government and school district fiscal

 

accountability act, 2011 PA 4, MCL 141.1501 to 141.1531, is not

 

subject to subsection (1) for the term of the consent agreement, as

 

provided in the local government and school district fiscal

 

accountability act, 2011 PA 4, MCL 141.1501 to 141.1531.

 

     Enacting section 1. This amendatory act does not take effect

 

unless Senate Bill No.____ or House Bill No. 4622(request no.

 

02319'11) of the 96th Legislature is enacted into law.