COLLECTIVE BARGAINING AMENDMENTS

House Bill 6074

Sponsor:  Rep. Al Pscholka

Committee:  Michigan Competitiveness

Complete to 12-2-14

A SUMMARY OF HOUSE BILL 6074 AS INTRODUCED 12-2-14

The bill would amend Public Act 336 of 1974, which deals with collective bargaining by public employees.  The bill addresses two topics:  (1) college students participating in intercollegiate athletes; and (2) independent audits required of exclusive bargaining representatives.

College students

The bill would exclude students participating in intercollegiate athletics on behalf of a public university from the definition of "public employee," and specify that such students are not public employees entitled to representation or collective bargaining rights under the act.

Independent Audit

Section 10(9) of the act requires that each exclusive bargaining representative that represents public employees to file an independent audit with the Michigan Employment Relations Commission by March 1 of each year.  This is an audit of all expenditures attributed to the costs of collective bargaining, contract administration, and grievance adjustment during the prior calendar year.  The commission is required to make the audits available on its website.

The bill would do the following regarding these audits:

** Define "independent audit" as an audit that is conducted in accordance with generally accepted auditing standards by an auditor not affiliated with the exclusive bargaining representative.

** Say that public employees may pay the costs of the independent audit.

** Specify that an agreement with a collective bargaining unit shall not require a public employer to pay the costs of the independent audit.

** Exempt a local bargaining unit that is affiliated with an exclusive bargaining representative from filing a separate, independent audit if all of the local bargaining unit's relevant expenditures are included in the independent audit of the affiliated bargaining representative.

** Appropriate $100,000 to the commission for Fiscal Year 2014-15, for the costs of implementing the subsection containing the audit requirement.

FISCAL IMPACT:

A fiscal analysis is in process. 

                                                                                           Legislative Analyst:   Chris Couch

                                                                                                  Fiscal Analyst:   Paul Holland

■ This analysis was prepared by nonpartisan House staff for use by House members in their deliberations, and does not constitute an official statement of legislative intent.