HOUSE BILL No. 4654 May 11, 1999, Introduced by Reps. Law, Rocca, Woronchak, Gieleghem, Thomas, LaSata, Hager, Sanborn, Green, Bogardus, Schauer, Spade and Switalski 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 7a and 15 (MCL 423.207a and 423.215), sec- tion 7a as added and section 15 as amended by 1994 PA 112, and by adding section 7b. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 Sec. 7a. (1)InSUBJECT TO SUBSECTION (6), IN addition to 2 mediation conducted under section 7, if a public school employer 3 and a bargaining representative of a bargaining unit of its 4 employees mutually agree that an impasse has been reached in col- 5 lective bargaining between them, the parties may agree to 6 participate in additional mediation under this section. 03264'99 TAV 2 1 (2) If parties described in subsection (1) agree to 2 participate in mediation under this section, then not later than 3 30 days after the date of impasse, each of the parties shall 4 appoint 1 individual to represent the party in the mediation, and 5 those 2 representatives shall select through a mutually agreed 6 process a neutral third party to act as the mediator. The medi- 7 ator and the 2 representatives shall meet to attempt to agree to 8 a recommended settlement of the impasse. 9 (3) Not later than 30 days after appointment of a mediator 10 under subsection (2), if the representatives of the parties mutu- 11 ally agree on a recommended settlement of the impasse, the repre- 12 sentatives each shall present the recommended settlement to the 13 party he or she represents for approval. 14 (4) If 1 or both of the parties fail to ratify a recommended 15 settlement described in subsection (3) within the 30-day time 16 limit specified in subsection (3), the public school employer may 17 implement unilaterally its last offer of settlement made before 18 the impasse occurred. This section does not limit or otherwise 19 affect a public school employer's ability to unilaterally imple- 20 ment all or part of its bargaining position as otherwise provided 21 by law. 22 (5) Both parties shall share equally any expenses of media- 23 tion conducted under this section. 24 (6) THIS SECTION DOES NOT APPLY TO A BARGAINING UNIT THAT IS 25 SUBJECT TO SECTION 7B. 26 SEC. 7B. (1) THIS SECTION APPLIES TO COLLECTIVE BARGAINING 27 BETWEEN A PUBLIC SCHOOL EMPLOYER AND A BARGAINING UNIT OF ITS 03264'99 3 1 EMPLOYEES THAT CONSISTS OF EMPLOYEES WHO ARE NOT SCHOOL 2 ADMINISTRATORS AND ARE NOT EMPLOYED IN A POSITION REQUIRING A 3 VALID TEACHING CERTIFICATE UNDER THE REVISED SCHOOL CODE, 1976 PA 4 451, MCL 380.1 TO 380.1852. 5 (2) IF IN THE COURSE OF MEDIATION UNDER SECTION 7 OF A DIS- 6 PUTE BETWEEN A PUBLIC SCHOOL EMPLOYER AND A BARGAINING REPRESEN- 7 TATIVE OF ITS EMPLOYEES DESCRIBED IN SUBSECTION (1), EXCEPT A 8 DISPUTE CONCERNING THE INTERPRETATION OR APPLICATION OF AN EXIST- 9 ING COLLECTIVE BARGAINING AGREEMENT, THE DISPUTE HAS NOT BEEN 10 RESOLVED TO THE AGREEMENT OF BOTH PARTIES WITHIN 30 DAYS OF THE 11 SUBMISSION OF THE DISPUTE TO MEDIATION, OR WITHIN ADDITIONAL PER- 12 IODS TO WHICH THE PARTIES MAY AGREE, THE BARGAINING REPRESENTA- 13 TIVE OR EMPLOYER MAY INITIATE BINDING ARBITRATION PROCEEDINGS 14 UNDER THIS SECTION BY MAKING A WRITTEN REQUEST TO THE OTHER, AND 15 FILING A COPY WITH THE COMMISSION. 16 (3) WITHIN 10 DAYS AFTER A REQUEST UNDER SUBSECTION (2) IS 17 FILED WITH THE COMMISSION, THE PUBLIC SCHOOL EMPLOYER AND THE 18 BARGAINING REPRESENTATIVE EACH SHALL CHOOSE A DELEGATE TO AN 19 ARBITRATION PANEL AS PROVIDED IN THIS SECTION. THE EMPLOYER AND 20 BARGAINING REPRESENTATIVE PROMPTLY SHALL ADVISE THE OTHER AND THE 21 COMMISSION OF ITS SELECTION. 22 (4) WITHIN 7 DAYS AFTER RECEIVING A REQUEST FROM 1 OR BOTH 23 PARTIES, THE COMMISSION SHALL SELECT FROM ITS PANEL OF ARBITRA- 24 TORS, ESTABLISHED UNDER SECTION 5 OF 1969 PA 312, MCL 423.235, 3 25 PERSONS AS NOMINEES FOR IMPARTIAL ARBITRATOR OR CHAIRPERSON OF 26 THE ARBITRATION PANEL. WITHIN 5 DAYS AFTER THE SELECTION EACH 27 PARTY MAY PEREMPTORILY STRIKE THE NAME OF 1 OF THE NOMINEES. 03264'99 4 1 WITHIN 7 DAYS AFTER THIS 5-DAY PERIOD, THE COMMISSION SHALL 2 DESIGNATE 1 OF THE REMAINING NOMINEES AS THE IMPARTIAL 3 ARBITRATOR. 4 (5) UPON THE APPOINTMENT OF THE IMPARTIAL ARBITRATOR UNDER 5 SUBSECTION (4), THE IMPARTIAL ARBITRATOR SHALL ACT AS CHAIRPERSON 6 OF THE ARBITRATION PANEL, SHALL CALL A HEARING TO BEGIN WITHIN 15 7 DAYS, AND SHALL GIVE REASONABLE NOTICE TO THE PARTIES OF THE TIME 8 AND PLACE OF THE HEARING. THE CHAIRPERSON SHALL PRESIDE OVER THE 9 HEARING AND SHALL TAKE TESTIMONY. UPON APPLICATION AND FOR GOOD 10 CAUSE SHOWN, AND UPON SUCH TERMS AND CONDITIONS AS ARE CONSIDERED 11 JUST BY THE ARBITRATION PANEL, A PERSON, LABOR ORGANIZATION, OR 12 GOVERNMENTAL UNIT HAVING A SUBSTANTIAL INTEREST IN THE HEARING 13 MAY BE GRANTED LEAVE TO INTERVENE BY THE ARBITRATION PANEL. ANY 14 ORAL OR DOCUMENTARY EVIDENCE AND OTHER DATA CONSIDERED RELEVANT 15 BY THE ARBITRATION PANEL MAY BE RECEIVED IN EVIDENCE. THE PRO- 16 CEEDINGS SHALL BE INFORMAL. TECHNICAL RULES OF EVIDENCE DO NOT 17 APPLY AND THE COMPETENCY OF THE EVIDENCE SHALL NOT BE CONSIDERED 18 IMPAIRED BECAUSE OF A VIOLATION OF TECHNICAL RULES OF EVIDENCE. 19 A VERBATIM RECORD OF THE PROCEEDINGS SHALL BE MADE AND THE CHAIR- 20 PERSON SHALL ARRANGE FOR THE NECESSARY RECORDING SERVICE. 21 TRANSCRIPTS MAY BE ORDERED AT THE EXPENSE OF THE PARTY ORDERING 22 THEM, BUT THE TRANSCRIPTS ARE NOT NECESSARY FOR A DECISION BY THE 23 ARBITRATION PANEL. THE EXPENSE OF THE PROCEEDINGS, INCLUDING A 24 FEE TO THE CHAIRPERSON, SHALL BE ESTABLISHED IN ADVANCE BY THE 25 COMMISSION AND SHALL BE BORNE EQUALLY BY EACH OF THE PARTIES TO 26 THE DISPUTE AND THE STATE. A DELEGATE WHO IS A PUBLIC OFFICER OR 27 EMPLOYEE SHALL CONTINUE ON THE PAYROLL OF THE PUBLIC EMPLOYER AT 03264'99 5 1 HIS OR HER USUAL RATE OF PAY. THE HEARING CONDUCTED BY THE 2 ARBITRATION PANEL MAY BE ADJOURNED FROM TIME TO TIME, BUT, UNLESS 3 OTHERWISE AGREED BY THE PARTIES, SHALL BE CONCLUDED WITHIN 30 4 DAYS OF THE TIME OF ITS COMMENCEMENT. ACTIONS AND RULINGS OF THE 5 MAJORITY OF THE ARBITRATION PANEL CONSTITUTE THE ACTIONS AND RUL- 6 INGS OF THE ARBITRATION PANEL. 7 (6) THE ARBITRATION PANEL MAY ADMINISTER OATHS; MAY REQUIRE 8 THE ATTENDANCE OF WITNESSES AND THE PRODUCTION OF BOOKS, PAPERS, 9 CONTRACTS, AGREEMENTS, AND DOCUMENTS AS MAY BE CONSIDERED BY THE 10 PANEL TO BE MATERIAL TO A JUST DETERMINATION OF THE ISSUES IN 11 DISPUTE; AND MAY ISSUE SUBPOENAS. IF A PERSON REFUSES TO OBEY A 12 SUBPOENA, OR REFUSES TO BE SWORN OR TO TESTIFY, OR IF ANY WIT- 13 NESS, PARTY, OR ATTORNEY IS GUILTY OF CONTEMPT WHILE IN 14 ATTENDANCE AT A HEARING, THE ARBITRATION PANEL MAY, OR THE ATTOR- 15 NEY GENERAL IF REQUESTED BY THE ARBITRATION PANEL SHALL, REQUEST 16 THE CIRCUIT COURT FOR THE COUNTY IN WHICH THE HEARING IS BEING 17 HELD TO ISSUE AN APPROPRIATE ORDER. UPON PROPER REQUEST, THE 18 CIRCUIT COURT SHALL ISSUE AN APPROPRIATE ORDER. FAILURE TO OBEY 19 THE ORDER MAY BE PUNISHED BY THE COURT AS CONTEMPT. 20 (7) AT ANY TIME BEFORE AN ARBITRATION PANEL RENDERS AN 21 AWARD, THE CHAIRPERSON OF THE ARBITRATION PANEL, IF HE OR SHE IS 22 OF THE OPINION THAT IT WOULD BE USEFUL OR BENEFICIAL TO DO SO, 23 MAY REMAND THE DISPUTE TO THE PARTIES FOR FURTHER COLLECTIVE BAR- 24 GAINING FOR A PERIOD NOT TO EXCEED 3 WEEKS. IF THE DISPUTE IS 25 REMANDED FOR FURTHER COLLECTIVE BARGAINING UNDER THIS SUBSECTION, 26 THE TIME PROVISIONS OF THIS SECTION ARE EXTENDED FOR A TIME 03264'99 6 1 PERIOD EQUAL TO THAT OF THE REMAND. THE CHAIRPERSON OF THE 2 ARBITRATION PANEL SHALL NOTIFY THE COMMISSION OF THE REMAND. 3 (8) AT OR BEFORE THE CONCLUSION OF THE HEARING, THE ARBITRA- 4 TION PANEL SHALL IDENTIFY THE ECONOMIC ISSUES IN DISPUTE AND 5 SHALL DIRECT EACH OF THE PARTIES TO SUBMIT, WITHIN A TIME LIMIT 6 PRESCRIBED BY THE PANEL, TO THE ARBITRATION PANEL AND TO EACH 7 OTHER THE PARTY'S LAST OFFER OF SETTLEMENT ON EACH ECONOMIC 8 ISSUE. THE DETERMINATION OF THE ARBITRATION PANEL AS TO THE 9 ISSUES IN DISPUTE AND AS TO WHICH OF THESE ISSUES ARE ECONOMIC 10 ISSUES IS CONCLUSIVE. THE ARBITRATION PANEL, WITHIN 30 DAYS 11 AFTER THE CONCLUSION OF THE HEARING, OR WITHIN ADDITIONAL PERIODS 12 AGREED BY THE PARTIES, SHALL MAKE WRITTEN FINDINGS OF FACT AND 13 ISSUE A WRITTEN OPINION AND ORDER UPON THE ISSUES PRESENTED TO 14 THE PANEL AND UPON THE RECORD MADE BEFORE THE PANEL, AND SHALL 15 MAIL OR OTHERWISE DELIVER A TRUE COPY OF THE FINDINGS, OPINION, 16 AND ORDER TO THE PARTIES AND THEIR REPRESENTATIVES AND TO THE 17 COMMISSION. AS TO EACH ECONOMIC ISSUE, THE ARBITRATION PANEL 18 SHALL ADOPT THE LAST OFFER OF SETTLEMENT THAT, IN THE OPINION OF 19 THE ARBITRATION PANEL, MORE NEARLY COMPLIES WITH THE APPLICABLE 20 FACTORS PRESCRIBED IN SUBSECTION (9). THE FINDINGS, OPINION, AND 21 ORDER AS TO ALL OTHER ISSUES SHALL BE BASED ON THE APPLICABLE 22 FACTORS PRESCRIBED IN SUBSECTION (9). 23 (9) IF THERE IS NO AGREEMENT BETWEEN THE PARTIES, OR IF 24 THERE IS AN AGREEMENT BUT THE PARTIES HAVE BEGUN NEGOTIATIONS OR 25 DISCUSSIONS TOWARD A NEW AGREEMENT OR AMENDMENT OF THE EXISTING 26 AGREEMENT, AND WAGE RATES OR OTHER CONDITIONS OF EMPLOYMENT UNDER 27 THE PROPOSED NEW OR AMENDED AGREEMENT ARE IN DISPUTE, THE 03264'99 7 1 ARBITRATION PANEL SHALL BASE ITS FINDINGS, OPINION, AND ORDER 2 UPON THE FOLLOWING FACTORS, AS APPLICABLE: 3 (A) THE LAWFUL AUTHORITY OF THE PUBLIC SCHOOL EMPLOYER. 4 (B) STIPULATIONS OF THE PARTIES. 5 (C) THE INTERESTS AND WELFARE OF THE PUBLIC AND THE FINAN- 6 CIAL ABILITY OF THE PUBLIC SCHOOL EMPLOYER TO MEET THOSE COSTS. 7 (D) COMPARISON OF THE WAGES, HOURS, AND CONDITIONS OF 8 EMPLOYMENT OF THE EMPLOYEES INVOLVED IN THE ARBITRATION PROCEED- 9 ING WITH THE WAGES, HOURS AND CONDITIONS OF EMPLOYMENT OF OTHER 10 EMPLOYEES PERFORMING SIMILAR SERVICES FOR PUBLIC SCHOOL EMPLOYERS 11 IN COMPARABLE COMMUNITIES. 12 (E) THE AVERAGE CONSUMER PRICES FOR GOODS AND SERVICES, COM- 13 MONLY KNOWN AS THE COST OF LIVING. 14 (F) THE OVERALL COMPENSATION PRESENTLY RECEIVED BY THE 15 EMPLOYEES, INCLUDING DIRECT WAGE COMPENSATION, VACATIONS, HOLI- 16 DAYS AND OTHER EXCUSED TIME, INSURANCE AND PENSIONS, MEDICAL AND 17 HOSPITALIZATION BENEFITS, THE CONTINUITY AND STABILITY OF EMPLOY- 18 MENT, AND ALL OTHER BENEFITS RECEIVED. 19 (G) CHANGES IN ANY OF THE CIRCUMSTANCES DESCRIBED IN SUBDI- 20 VISIONS (A) TO (F) DURING THE PENDENCY OF THE ARBITRATION 21 PROCEEDINGS. 22 (H) OTHER FACTORS, NOT CONFINED TO THOSE LISTED IN 23 SUBDIVISIONS (A) TO (G), THAT ARE NORMALLY OR TRADITIONALLY TAKEN 24 INTO CONSIDERATION IN THE DETERMINATION OF WAGES, HOURS, AND CON- 25 DITIONS OF EMPLOYMENT THROUGH VOLUNTARY COLLECTIVE BARGAINING, 26 MEDIATION, FACT-FINDING, ARBITRATION, OR OTHERWISE BETWEEN PUBLIC 27 SCHOOL EMPLOYERS AND SIMILAR EMPLOYEES. 03264'99 8 1 (10) A MAJORITY DECISION OF THE ARBITRATION PANEL, IF 2 SUPPORTED BY COMPETENT, MATERIAL, AND SUBSTANTIAL EVIDENCE ON THE 3 WHOLE RECORD, IS FINAL AND BINDING UPON THE PARTIES AND MAY BE 4 ENFORCED AT THE INSTANCE OF EITHER PARTY OR OF THE ARBITRATION 5 PANEL IN THE CIRCUIT COURT FOR THE COUNTY IN WHICH THE DISPUTE 6 AROSE OR IN WHICH A MAJORITY OF THE AFFECTED EMPLOYEES RESIDE. 7 THE COMMENCEMENT OF A NEW SCHOOL FISCAL YEAR AFTER THE INITIATION 8 OF ARBITRATION PROCEDURES UNDER THIS ACT, BUT BEFORE THE ISSUANCE 9 OR ENFORCEMENT OF THE ARBITRATION DECISION, DOES NOT RENDER A 10 DISPUTE MOOT OR OTHERWISE IMPAIR THE JURISDICTION OR AUTHORITY OF 11 THE ARBITRATION PANEL OR ITS DECISION. INCREASES IN RATES OF 12 COMPENSATION OR OTHER BENEFITS MAY BE AWARDED RETROACTIVELY TO 13 THE COMMENCEMENT OF ANY PERIOD OR PERIODS IN DISPUTE. THE PAR- 14 TIES, BY STIPULATION, MAY AMEND OR MODIFY AN ARBITRATION AWARD AT 15 ANY TIME. 16 (11) IF THE BARGAINING REPRESENTATIVE OF EMPLOYEES SUBJECT 17 TO THIS SECTION WILLFULLY DISOBEYS A LAWFUL ORDER OF ENFORCEMENT 18 BY A CIRCUIT COURT PURSUANT TO SUBSECTION (10), OR WILLFULLY 19 ENCOURAGES OR OFFERS RESISTANCE TO THE ORDER, WHETHER BY A STRIKE 20 OR OTHERWISE, THE PUNISHMENT FOR EACH DAY THAT CONTEMPT PERSISTS 21 MAY BE A FINE FIXED IN THE DISCRETION OF THE COURT IN AN AMOUNT 22 NOT TO EXCEED $250.00 PER DAY. IF A PUBLIC SCHOOL EMPLOYER WILL- 23 FULLY DISOBEYS A LAWFUL ORDER OF ENFORCEMENT BY THE CIRCUIT COURT 24 OR WILLFULLY ENCOURAGES OR OFFERS RESISTANCE TO THE ORDER, THE 25 PUNISHMENT FOR EACH DAY THAT CONTEMPT PERSISTS MAY BE A FINE 26 FIXED AT THE DISCRETION OF THE COURT IN AN AMOUNT NOT TO EXCEED 03264'99 9 1 $250.00 PER DAY TO BE ASSESSED AGAINST THE PUBLIC SCHOOL 2 EMPLOYER. 3 (12) ORDERS OF THE ARBITRATION PANEL ARE REVIEWABLE BY THE 4 CIRCUIT COURT FOR THE COUNTY IN WHICH THE DISPUTE AROSE OR IN 5 WHICH A MAJORITY OF THE AFFECTED EMPLOYEES RESIDE, BUT ONLY FOR 6 REASONS THAT THE ARBITRATION PANEL WAS WITHOUT OR EXCEEDED ITS 7 JURISDICTION; THAT THE ORDER IS NOT SUPPORTED BY COMPETENT, MATE- 8 RIAL, AND SUBSTANTIAL EVIDENCE ON THE WHOLE RECORD; OR THAT THE 9 ORDER WAS PROCURED BY FRAUD, COLLUSION, OR OTHER SIMILAR AND 10 UNLAWFUL MEANS. THE PENDENCY OF A PROCEEDING FOR REVIEW UNDER 11 THIS SUBSECTION DOES NOT AUTOMATICALLY STAY THE ORDER OF THE 12 ARBITRATION PANEL. 13 (13) DURING THE PENDENCY OF PROCEEDINGS BEFORE THE ARBITRA- 14 TION PANEL, EXISTING WAGES, HOURS, AND OTHER CONDITIONS OF 15 EMPLOYMENT SHALL NOT BE CHANGED BY ACTION OF EITHER PARTY WITHOUT 16 THE CONSENT OF THE OTHER. A PARTY MAY CONSENT TO SUCH A CHANGE 17 WITHOUT PREJUDICING THE PARTY'S RIGHTS OR POSITION UNDER THIS 18 SECTION. 19 (14) ANY PROVISION OF THIS ACT REGARDING FACT-FINDING PROCE- 20 DURES IS INAPPLICABLE TO DISPUTES SUBJECT TO ARBITRATION UNDER 21 THIS SECTION. 22 (15) THIS SECTION SHALL BE LIBERALLY CONSTRUED TO PROMOTE 23 THE DISPUTE RESOLUTION PROCEDURE PROVIDED IN THIS SECTION. 24 Sec. 15. (1) A public employer shall bargain collectively 25 with the representatives of its employees as defined in section 26 11 and is authorized to make and enter into collective bargaining 27 agreements withsuchTHOSE representatives. Except as 03264'99 10 1 otherwise provided in this section, for the purposes of this 2 section, to bargain collectively is the performance of the mutual 3 obligation of the employer and the representative of the employ- 4 ees to meet at reasonable times and confer in good faith with 5 respect to wages, hours, and other terms and conditions of 6 employment, or the negotiation of an agreement, or any question 7 arising under the agreement, and the execution of a written con- 8 tract, ordinance, or resolution incorporating any agreement 9 reached if requested by either party, but this obligation does 10 not compel either party to agree to a proposal or require the 11 making of a concession. 12 (2) A public school employer has the responsibility, author- 13 ity, and right to manage and direct on behalf of the public the 14 operations and activities of the public schools under its 15 control. 16 (3) Collective bargaining between a public school employer 17 and a bargaining representative of its employees shall not 18 include any of the following subjects: 19 (a) Who is or will be the policyholder of an employee group 20 insurance benefit. This subdivision does not affect the duty to 21 bargain with respect to types and levels of benefits and cover- 22 ages for employee group insurance. A change or proposed change 23 in a type or to a level of benefit, policy specification, or cov- 24 erage for employee group insurance shall be bargained by the 25 public school employer and the bargaining representative before 26 the change may take effect. 03264'99 11 1 (b) Establishment of the starting day for the school year 2 and of the amount of pupil contact time required to receive full 3 state school aid under section 1284 of the REVISED school code, 4of 1976, Act No. 451 of the Public Acts of 1976, being section5380.1284 of the Michigan Compiled Laws1976 PA 451, MCL 6 380.1284, and under section 101 of the state school aid act of 7 1979,Act No. 94 of the Public Acts of 1979, being section8388.1701 of the Michigan Compiled Laws1979 PA 94, MCL 9 388.1701. 10 (c) Composition of site-based decision-making bodies estab- 11 lished pursuant tosection 1202a of Act No. 451 of the Public12Acts of 1976, being section 380.1202a of the Michigan Compiled13LawsTHE REVISED SCHOOL CODE, 1976 PA 451, MCL 380.1 TO 14 380.1852, or of school improvement committees established under 15 section 1277 ofAct No. 451 of the Public Acts of 1976, being16section 380.1277 of the Michigan Compiled LawsTHE REVISED 17 SCHOOL CODE, 1976 PA 451, MCL 380.1277. 18 (d) The decision of whether or not to provide or allow 19 interdistrict or intradistrict open enrollment opportunity in a 20 school district or of which grade levels or schools in which to 21 allow such an open enrollment opportunity. 22 (e) The decision of whether or not to act as an authorizing 23 body to grant a contract to organize and operate 1 or more public 24 school academies under part 6a ofAct No. 451 of the Public Acts25of 1976, being sections 380.501 to 380.507 of the Michigan26Compiled LawsTHE REVISED SCHOOL CODE, 1976 PA 451, MCL 380.501 03264'99 12 1 TO 380.507, or the granting of a leave of absence to an employee 2 of a school district to participate in a public school academy. 3(f) The decision of whether or not to contract with a third4party for 1 or more noninstructional support services; or the5procedures for obtaining the contract; or the identity of the6third party; or the impact of the contract on individual employ-7ees or the bargaining unit.8 (F)(g)The use of volunteers in providing services at its 9 schools. 10 (G)(h)Decisions concerning use of experimental or pilot 11 programs and staffing of experimental or pilot programs and deci- 12 sions concerning use of technology to deliver educational pro- 13 grams and services and staffing to provide the technology, or the 14 impact of these decisions on individual employees or the bargain- 15 ing unit. 16 (H)(i)Any compensation or additional work assignment 17 intended to reimburse an employee for or allow an employee to 18 recover any monetary penalty imposed under this act. 19 (4) The matters described in subsection (3) are prohibited 20 subjects of bargaining between a public school employer and a 21 bargaining representative of its employees, and, for the purposes 22 of this act, are within the sole authority of the public school 23 employer to decide. 03264'99 Final page. 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