HB-4152, As Passed Senate, May 18, 2011

SUBSTITUTE FOR

HOUSE BILL NO. 4152

     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,"

(MCL 423.201 to 423.217) by adding section 15b.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 15b. (1) Except as otherwise provided in this section,

after the expiration date of a collective bargaining agreement and

until a successor collective bargaining agreement is in place, a

public employer shall pay and provide wages and benefits at levels

and amounts that are no greater than those in effect on the

expiration date of the collective bargaining agreement. The

prohibition in this subsection includes increases that would result

from wage step increases. Employees who receive health, dental,

vision, prescription, or other insurance benefits under a

collective bargaining agreement shall bear any increased cost of

maintaining those benefits that occurs after the expiration date.

The public employer is authorized to make payroll deductions

necessary to pay the increased costs of maintaining those benefits.

     (2) Except as provided in subsection (3), the parties to a

collective bargaining agreement shall not agree to, and an

arbitration panel shall not order, any retroactive wage or benefit

levels or amounts that are greater than those in effect on the

expiration date of the collective bargaining agreement.

     (3) For a collective bargaining agreement that expired before

the effective date of this section, the requirements of this

section apply to limit wages and benefits to the levels and amounts

in effect on the effective date of this section.

     (4) As used in this section:

     (a) "Expiration date" means the expiration date set forth in a

collective bargaining agreement without regard to any agreement of

the parties to extend or honor the collective bargaining agreement

during pending negotiations for a successor collective bargaining

agreement.

     (b) "Increased cost" in regard to insurance benefits means the

difference in premiums or illustrated rates between the prior year

and the current coverage year. The difference shall be calculated

based on changes in cost by category of coverage and not on changes

in individual employee marital or dependent status.