September 28, 2011, Introduced by Reps. Lyons, Pscholka, Haveman, Daley, Walsh, Price, McMillin, Poleski, Lund, Bumstead, Gilbert, Wayne Schmidt and Yonker 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 2 (MCL 423.202), as amended by 1994 PA 112, and
by adding section 2b.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
2. A public employee shall not strike and a public
shall not institute a lockout. A public
does not violate this section if there is a total or partial
of the public
school employer's operations in response to
a strike held in violation of this section.
Sec. 2b. (1) If a public employer alleges that there is a
strike by 1 or more public employees of a public employer in
violation of section 2, the public employer shall notify the
commission of the full or partial days the public employee was
engaged in the alleged strike.
(2) If a bargaining representative alleges that there is a
lockout by a public employer in violation of section 2, the
bargaining representative shall notify the commission of the full
or partial days of the alleged lockout.
(3) Within 60 days after receipt of a notice made pursuant to
subsection (1) or (2), the commission shall conduct a hearing to
determine if there has been a violation and shall issue its
decision and order. A hearing conducted under this subsection is
separate and distinct from, and is not subject to the procedures
and timelines of, a proceeding conducted under section 6.
(4) If, after a hearing under subsection (3), a majority of
the commission finds that 1 or more public employees of a public
employer engaged in a strike in violation of section 2, the
commission shall fine each public employee an amount equal to 1 day
of pay for that public employee for each full or partial day that
he or she engaged in the strike and shall fine the bargaining
representative of the public employee or employees $5,000.00 for
each full or partial day the public employee or employees engaged
in the strike.
(5) If, after a hearing under subsection (3), a majority of
the commission finds that a public employer instituted a lockout in
violation of section 2, the commission shall fine the public
employer $5,000.00 for each full or partial day of the lockout.
(6) If the commission imposes a fine against a public employee
under subsection (4) and the public employee continues to be
employed by a public employer, the commission shall order the
public employer to deduct the fine from the public employee's
salary. The public employee's salary is the annual salary that is
established in the applicable contract in effect at the time of the
strike or, if no applicable contract is in effect at the time of
the strike, in the applicable contract in effect at the time of the
decision and order. However, if no applicable contract is in effect
at either of those times, the public employee's salary shall be
considered to be the annual salary that applied or would have
applied to the public employee in the most recent applicable
contract in effect before the strike. A public employer shall
comply promptly with an order under this subsection.
(7) The commission shall transmit money received from fines
imposed under this section, and a public employer shall transmit
money deducted pursuant to an order under subsection (6), to the
state treasurer for deposit in the general fund of the state
(8) If the commission does not receive payment of a fine
imposed under this section within 30 days after the imposition of
the fine, or if a public employer does not deduct a fine from a
public employee's pay pursuant to an order under subsection (6),
the commission shall institute collection proceedings.
(9) Fines imposed under this section are in addition to all
other remedies and sanctions prescribed by this act and by law.
(10) A public employer may bring an action to enjoin a strike
by public employees in violation of section 2, and a bargaining
representative may bring an action to enjoin a lockout by a public
employer in violation of section 2, in the circuit court for the
county in which the affected public employer is located. A court
having jurisdiction over an action brought under this subsection
shall grant injunctive relief if the court finds that a strike or
lockout has occurred, without regard to the existence of other
remedies, demonstration of irreparable harm, or other factors.
Failure to comply with an order of the court may be punished as
contempt. In addition, the court shall award court costs and
reasonable attorney fees to a plaintiff who prevails in an action
brought under this subsection.
(11) A public employer shall not provide to a public employee
any compensation or additional work assignment that is intended to
reimburse the public employee for, or allow the public employee to
recover, a monetary penalty imposed under this section.
(12) As used in this section, "public employer" means a
county, township, village, city, authority, school district, or
other political subdivision of this state and includes any entity
jointly created by 2 or more public employers.