HB-4929, As Passed Senate, March 7, 2012

 

 

 

 

 

 

 

 

 

 

 

 

 

 

SENATE SUBSTITUTE FOR

 

HOUSE BILL NO. 4929

 

 

 

 

 

 

 

 

 

 

 

 

     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 the title and section 10 (MCL 423.210), the title as

 

amended by 2011 PA 9.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

TITLE

 

     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

 


House Bill No. 4929 as amended March 7, 2012

 

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; and to

 

make appropriations.

 

     Sec. 10. (1) It shall be unlawful for a A public employer or

 

an officer or agent of a public employer shall not do any of the

 

following:

 

     (a) to interfere Interfere with, restrain, or coerce public

 

employees in the exercise of their rights guaranteed in section 9.

 

;

 

     (b) to initiate, Initiate, create, dominate, contribute to, or

 

interfere with the formation or administration of any labor

 

organization. : Provided, That a public employer shall not be

 

prohibited from permitting A public school employer's use of public

 

school resources to assist a labor organization in collecting dues

 

or service fees from wages of public school employees is a

 

prohibited contribution to the administration of a labor

 

organization. <<                                                    

 

                                                            >>

 

However, a public school employer's collection of dues or service

 

fees pursuant to a collective bargaining agreement that is in

 

effect on the effective date of the amendatory act that added this

 

sentence is not prohibited until the agreement expires or is

 

terminated, extended, or renewed. A public employer may permit

 

employees to confer with it a labor organization during working

 

hours without loss of time or pay. ;

 


     (c) to discriminate Discriminate in regard to hire, terms, or

 

other conditions of employment in order to encourage or discourage

 

membership in a labor organization. : Provided further, That

 

nothing in However, this act or in any other law of this state

 

shall does not preclude a public employer from making an agreement

 

with an exclusive bargaining representative as defined described in

 

section 11 to require as a condition of employment that all

 

employees in the bargaining unit pay to the exclusive bargaining

 

representative a service fee equivalent to the amount of dues

 

uniformly required of members of the exclusive bargaining

 

representative. ;

 

     (d) to discriminate Discriminate against a public employee

 

because he or she has given testimony or instituted proceedings

 

under this act. ; or

 

     (e) to refuse Refuse to bargain collectively with the

 

representatives of its public employees, subject to the provisions

 

of section 11.

 

     (2) It is the purpose of this amendatory act 1973 PA 25 to

 

reaffirm the continuing public policy of this state that the

 

stability and effectiveness of labor relations in the public sector

 

require, if such the requirement is negotiated with the public

 

employer, that all employees in the bargaining unit shall share

 

fairly in the financial support of their exclusive bargaining

 

representative by paying to the exclusive bargaining representative

 

a service fee which that may be equivalent to the amount of dues

 

uniformly required of members of the exclusive bargaining

 

representative.

 


     (3) It shall be unlawful for a A labor organization or its

 

agents shall not do any of the following:

 

     (a) to restrain or coerce: (i) public Restrain or coerce

 

public employees in the exercise of the rights guaranteed in

 

section 9. : Provided, That this This subdivision shall does not

 

impair the right of a labor organization to prescribe its own rules

 

with respect to the acquisition or retention of membership.

 

therein; or (ii) a

 

     (b) Restrain or coerce a public employer in the selection of

 

its representatives for the purposes of collective bargaining or

 

the adjustment of grievances. ; (b) to cause

 

     (c) Cause or attempt to cause a public employer to

 

discriminate against a public employee in violation of subdivision

 

(c) of subsection (1); or (c) to refuse subsection (1)(c).

 

     (d) Refuse to bargain collectively with a public employer,

 

provided it is the representative of the public employer's

 

employees subject to section 11.

 

     (4) By March 1 of each year, each exclusive bargaining

 

representative that represents public employees in this state shall

 

file with the commission an independent audit of all expenditures

 

attributed to the costs of collective bargaining, contract

 

administration, and grievance adjustment during the prior calendar

 

year. The commission shall make the audits available to the public

 

on the commission's website. For fiscal year 2011-2012, $100,000.00

 

is appropriated to the commission for the costs of implementing

 

this subsection.