SENATE BILL No. 424

 

 

April 24, 2007, Introduced by Senators PRUSI, CLARK-COLEMAN, GLEASON, BASHAM, CHERRY, SCHAUER, SWITALSKI, JACOBS, SCOTT and WHITMER and referred to the Committee on Education.

 

 

 

     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 section 15 (MCL 423.215), as amended by 1994 PA 112.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

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

 

the representatives of its employees as defined indicated in

 

section 11 and is authorized to make and enter into collective

 

bargaining agreements with such those representatives. Except as

 

otherwise provided in this section, for the purposes of this

 

section, to bargain collectively is the performance of to perform

 


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, of 1976,

 


Act No. 451 of the Public Acts of 1976, being section 380.1284 of

 

the Michigan Compiled Laws 1976 PA 451, MCL 380.1284, and under

 

section 101 of the state school aid act of 1979, Act No. 94 of the

 

Public Acts of 1979, being section 388.1701 of the Michigan

 

Compiled Laws 1979 PA 94, MCL 388.1701.

 

     (c) Composition of site-based decision-making bodies

 

established pursuant to section 1202a of Act No. 451 of the Public

 

Acts of 1976, being section 380.1202a of the Michigan Compiled

 

Laws, or of school improvement committees established under section

 

1277 of Act No. 451 of the Public Acts of 1976, being section

 

380.1277 of the Michigan Compiled Laws 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 part 6a of Act No. 451 of the Public Acts of

 

1976, being sections 380.501 to 380.507 of the Michigan Compiled

 

Laws the revised school code, 1976 PA 451, MCL 380.501 to 380.507,

 

or the granting of a leave of absence to an employee of a school

 

district to participate in a public school academy.

 

     (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; or the identity of the third

 

party; or the impact of the contract on individual employees or the

 


bargaining unit.

 

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

 

schools.

 

     (g) (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.

 

     (h) (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.

 

     (4) 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.