June 16, 2011, Introduced by Reps. Agema, Crawford, Potvin, Genetski, McMillin, Lund, Lori, Haveman, Pettalia, Shirkey, Haines, Poleski, Knollenberg, O'Brien, Bumstead, Lyons, McBroom, Opsommer, Johnson, Muxlow, Shaughnessy, Outman, Damrow, Rogers, Jacobsen, Rendon, Kurtz, Hooker, Yonker, Daley, Kowall, Heise, Huuki, Scott and MacGregor and referred to the Committee on Oversight, Reform, and Ethics.
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 2011 PA 25.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 15. (1) A public employer shall bargain collectively with
the representatives of its employees as described in section 11
and, subject to powers and duties of the public employer
established by law, may make and enter into collective bargaining
agreements with those representatives. Except as otherwise provided
in this section, for the purposes of this section, to bargain
collectively is 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 to negotiate an agreement,
or any question arising under the agreement, and to execute 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 make 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, 1976 PA
451, MCL 380.1284, and under section 101 of the state school aid
act of 1979, 1979 PA 94, MCL 388.1701.
(c) The composition of school improvement committees
established under section 1277 of 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 the revised school code, 1976 PA 451, MCL
380.1 to 380.1852.
(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 for noninstructional support
services other than bidding described in this subdivision; or the
identity of the third party; or the impact of the contract for
noninstructional support services on individual employees or the
bargaining unit. However, this subdivision applies only if the
bargaining unit that is providing the noninstructional support
services is given an opportunity to bid on the contract for the
noninstructional support services on an equal basis as other
bidders.
(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.
(4) Except as otherwise provided in subsection (3)(f), 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.
(5) If a public school is placed in the state school
reform/redesign school district or is placed under a chief
executive officer under section 1280c of the revised school code,
1976 PA 451, MCL 380.1280c, then, for the purposes of collective
bargaining under this act, the state school reform/redesign officer
or the chief executive officer, as applicable, is the public school
employer of the public school employees of that public school for
as long as the public school is part of the state school
reform/redesign school district or operated by the chief executive
officer.
(6) A public school employer's collective bargaining duty
under this act and a collective bargaining agreement entered into
by a public school employer under this act are subject to all of
the following:
(a) Any effect on collective bargaining and any modification
of a collective bargaining agreement occurring under section 1280c
of the revised school code, 1976 PA 451, MCL 380.1280c.
(b) For a public school in which the superintendent of public
instruction implements 1 of the 4 school intervention models
described in section 1280c of the revised school code, 1976 PA 451,
MCL 380.1280c, if the school intervention model that is implemented
affects collective bargaining or requires modification of a
collective bargaining agreement, any effect on collective
bargaining and any modification of a collective bargaining
agreement under that school intervention model.
(7) Each collective bargaining agreement entered into between
a public employer and public employees under this act after March
16, 2011 shall include a provision that allows an emergency manager
appointed under the local government and school district fiscal
accountability act, 2011 PA 4, MCL 141.1501 to 141.1531, to reject,
modify, or terminate the collective bargaining agreement as
provided in the local government and school district fiscal
accountability act, 2011 PA 4, MCL 141.1501 to 141.1531. Provisions
required by this subsection are prohibited subjects of bargaining
under this act.
(8) Collective bargaining agreements under this act may be
rejected, modified, or terminated pursuant to the local government
and school district fiscal accountability act, 2011 PA 4, MCL
141.1501 to 141.1531. This act does not confer a right to bargain
that would infringe on the exercise of powers under the local
government and school district fiscal accountability act, 2011 PA
4, MCL 141.1501 to 141.1531.
(9) A unit of local government that enters into a consent
agreement under the local government and school district fiscal
accountability act, 2011 PA 4, MCL 141.1501 to 141.1531, is not
subject to subsection (1) for the term of the consent agreement, as
provided in the local government and school district fiscal
accountability act, 2011 PA 4, MCL 141.1501 to 141.1531.
(10) If the charter of a city, village, or township with a
population of 500,000 or more specifies the selection of a retirant
member of the municipality's fire department, police department, or
fire and police department pension or retirement board, the method
of selection of that member is a prohibited subject of bargaining.
(11) Health insurance or other fringe benefits for any
coresident of an employee of a public employer on terms that
conflict with the public employee domestic partner benefit
restriction act.
Enacting section 1. This amendatory act does not take effect
unless Senate Bill No. ___ or House Bill No. 4770(request no.
03005'11) of the 96th Legislature is enacted into law.