SB-0850, As Passed Senate, June 10, 2014

 

 

 

 

 

 

 

 

 

 

 

 

 

SENATE BILL No. 850

 

 

March 5, 2014, Introduced by Senators COLBECK, RICHARDVILLE, JONES, NOFS, CASPERSON, ROCCA, ANANICH and GREGORY and referred to the Committee on Reforms, Restructuring and Reinventing.

 

 

 

     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;

to prescribe means of enforcement and penalties for the violation

of the provisions of this act; and to make appropriations,"

 

by amending section 15b (MCL 423.215b), as added by 2011 PA 54.

 

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 costs

 

of maintaining those benefits that occurs occur after the

 

expiration date. The public employer is authorized to may make

 

payroll deductions necessary to pay the increased costs of

 

maintaining those benefits.

 

     (2) Except as provided in subsection (3) or (4), 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, June 8, 2011, 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.June 8,

 

2011.

 

     (4) This section does not apply to a public employee eligible

 

to participate in compulsory arbitration of labor disputes under

 

1969 PA 312, MCL 423.231 to 423.247.

 

     (5) (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" costs" 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 costs by category of coverage

 

and not on changes in individual employee marital or dependent

 

status.