June 11, 2009, Introduced by Senator HARDIMAN 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 sections 1 and 15 (MCL 423.201 and 423.215), section 1
as amended by 1999 PA 204 and section 15 as amended by 1994 PA 112.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1. (1) As used in this act:
(a) "Bargaining representative" means a labor organization
recognized by an employer or certified by the commission as the
sole and exclusive bargaining representative of certain employees
of the employer.
(b) "Commission" means the employment relations commission
created in section 3 of 1939 PA 176, MCL 423.3.
(c) "Intermediate school district" means that term as defined
in section 4 of the revised school code, 1976 PA 451, MCL 380.4.
(d) "Lockout" means the temporary withholding of work from a
group of employees by means of shutting down the operation of the
employer in order to bring pressure upon the affected employees or
the bargaining representative, or both, to accept the employer's
terms of settlement of a labor dispute.
(e) "Public employee" means a person holding a position by
appointment or employment in the government of this state, in the
government of 1 or more of the political subdivisions of this
state, in the public school service, in a public or special
district, in the service of an authority, commission, or board, or
in any other branch of the public service, subject to the following
exceptions:
(i) Beginning March 31, 1997, a person employed by a private
organization or entity that provides services under a time-limited
contract
with the this state or a political subdivision of the this
state is not an employee of the state or that political
subdivision, and is not a public employee.
(ii) If, within 30 days after the effective date of
the
amendatory
act that added this subparagraph, If
by April 9, 2000 a
public school employer that is the chief executive officer serving
in a school district of the first class under part 5A of the
revised school code, 1976 PA 451, MCL 380.371 to 380.376, issues an
order determining that it is in the best interests of the school
district, then a public school administrator employed by a school
district that is a school district of the first class under the
revised school code, 1976 PA 451, MCL 380.1 to 380.1852, is not a
public employee for purposes of this act. The exception under this
subparagraph applies to public school administrators employed by
that school district after the date of the order described in this
subparagraph whether or not the chief executive officer remains in
place in the school district. This exception does not prohibit the
chief executive officer or board of a school district of the first
class or its designee from having informal meetings with public
school administrators to discuss wages and working conditions.
(f) "Public school academy" means a public school academy or
strict discipline academy organized under the revised school code,
1976 PA 451, MCL 380.1 to 380.1852.
(g) "Public school administrator" means a superintendent,
assistant superintendent, chief business official, principal, or
assistant principal employed by a school district, intermediate
school district, or public school academy.
(h) "Public school employer" means a public employer that is
the board of a school district, intermediate school district, or
public school academy; is the chief executive officer of a school
district in which a school reform board is in place under part 5A
of the revised school code, 1976 PA 451, MCL 380.371 to 380.376; is
a neighborhood public school established under part 6D of the
revised school code, 1976 PA 451; or is the governing board of a
joint endeavor or consortium consisting of any combination of
school districts, intermediate school districts, or public school
academies.
(i) "School district" means that term as defined in section 6
of
the revised school code, 1976 PA 451, MCL 380.6. , or a local
act
school district as defined in section 5 of the revised school
code,
1976 PA 451, MCL 380.5.
(j) "Strike" means the concerted failure to report for duty,
the willful absence from one's position, the stoppage of work, or
the abstinence in whole or in part from the full, faithful, and
proper performance of the duties of employment for the purpose of
inducing, influencing, or coercing a change in employment
conditions, compensation, or the rights, privileges, or obligations
of employment. For employees of a public school employer, strike
also includes an action described in this subdivision that is taken
for the purpose of protesting or responding to an act alleged or
determined to be an unfair labor practice committed by the public
school employer.
(2) This act does not limit, impair, or affect the right of a
public employee to the expression or communication of a view,
grievance, complaint, or opinion on any matter related to the
conditions or compensation of public employment or their betterment
as long as the expression or communication does not interfere with
the full, faithful, and proper performance of the duties of
employment.
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.
(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) Decisions concerning the grant of a leave of absence to
teach in a neighborhood public school established under part 6D of
the revised school code, 1976 PA 451.
(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.
Enacting section 1. This amendatory act does not take effect
unless Senate Bill No. 636
of the 95th Legislature is enacted into law.