Bill Text: MI SB0639 | 2009-2010 | 95th Legislature | Introduced

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Bill Title: Labor; public service employment; neighborhood public schools; provide for in public employment relations act. Amends secs. 1 & 15 of 1947 PA 336 (MCL 423.201 & 423.215). TIE BAR WITH: SB 0636'09

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2010-01-13 - Referred To Committee On Education [SB0639 Detail]

Download: Michigan-2009-SB0639-Introduced.html

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SENATE BILL No. 639

 

 

June 11, 2009, Introduced by Senator HARDIMAN and referred to the Committee on Education.

 

 

 

     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 sections 1 and 15 (MCL 423.201 and 423.215), section 1

 

as amended by 1999 PA 204 and section 15 as amended by 1994 PA 112.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 1. (1) As used in this act:

 

     (a) "Bargaining representative" means a labor organization

 

recognized by an employer or certified by the commission as the

 

sole and exclusive bargaining representative of certain employees

 

of the employer.

 

     (b) "Commission" means the employment relations commission

 

created in section 3 of 1939 PA 176, MCL 423.3.

 

     (c) "Intermediate school district" means that term as defined

 

in section 4 of the revised school code, 1976 PA 451, MCL 380.4.

 

     (d) "Lockout" means the temporary withholding of work from a

 

group of employees by means of shutting down the operation of the

 

employer in order to bring pressure upon the affected employees or

 

the bargaining representative, or both, to accept the employer's

 

terms of settlement of a labor dispute.

 

     (e) "Public employee" means a person holding a position by

 

appointment or employment in the government of this state, in the

 

government of 1 or more of the political subdivisions of this

 

state, in the public school service, in a public or special

 

district, in the service of an authority, commission, or board, or

 

in any other branch of the public service, subject to the following

 

exceptions:

 

     (i) Beginning March 31, 1997, a person employed by a private

 

organization or entity that provides services under a time-limited

 

contract with the this state or a political subdivision of the this

 

state is not an employee of the state or that political

 

subdivision, and is not a public employee.

 

     (ii) If, within 30 days after the effective date of the

 

amendatory act that added this subparagraph, If by April 9, 2000 a

 

public school employer that is the chief executive officer serving

 

in a school district of the first class under part 5A of the

 

revised school code, 1976 PA 451, MCL 380.371 to 380.376, issues an

 

order determining that it is in the best interests of the school

 

district, then a public school administrator employed by a school

 

district that is a school district of the first class under the

 

revised school code, 1976 PA 451, MCL 380.1 to 380.1852, is not a

 

public employee for purposes of this act. The exception under this

 

subparagraph applies to public school administrators employed by

 

that school district after the date of the order described in this

 

subparagraph whether or not the chief executive officer remains in

 

place in the school district. This exception does not prohibit the

 

chief executive officer or board of a school district of the first

 

class or its designee from having informal meetings with public

 

school administrators to discuss wages and working conditions.

 

     (f) "Public school academy" means a public school academy or

 

strict discipline academy organized under the revised school code,

 

1976 PA 451, MCL 380.1 to 380.1852.

 

     (g) "Public school administrator" means a superintendent,

 

assistant superintendent, chief business official, principal, or

 

assistant principal employed by a school district, intermediate

 

school district, or public school academy.

 

     (h) "Public school employer" means a public employer that is

 

the board of a school district, intermediate school district, or

 

public school academy; is the chief executive officer of a school

 

district in which a school reform board is in place under part 5A

 

of the revised school code, 1976 PA 451, MCL 380.371 to 380.376; is

 

a neighborhood public school established under part 6D of the

 

revised school code, 1976 PA 451; or is the governing board of a

 

joint endeavor or consortium consisting of any combination of

 

school districts, intermediate school districts, or public school

 

academies.

 

     (i) "School district" means that term as defined in section 6

 

of the revised school code, 1976 PA 451, MCL 380.6. , or a local

 

act school district as defined in section 5 of the revised school

 

code, 1976 PA 451, MCL 380.5.

 

     (j) "Strike" means the concerted failure to report for duty,

 

the willful absence from one's position, the stoppage of work, or

 

the abstinence in whole or in part from the full, faithful, and

 

proper performance of the duties of employment for the purpose of

 

inducing, influencing, or coercing a change in employment

 

conditions, compensation, or the rights, privileges, or obligations

 

of employment. For employees of a public school employer, strike

 

also includes an action described in this subdivision that is taken

 

for the purpose of protesting or responding to an act alleged or

 

determined to be an unfair labor practice committed by the public

 

school employer.

 

     (2) This act does not limit, impair, or affect the right of a

 

public employee to the expression or communication of a view,

 

grievance, complaint, or opinion on any matter related to the

 

conditions or compensation of public employment or their betterment

 

as long as the expression or communication does not interfere with

 

the full, faithful, and proper performance of the duties of

 

employment.

 

     Sec. 15. (1) A public employer shall bargain collectively with

 

the representatives of its employees as defined indicated in

 

section 11 and is authorized to make and enter into collective

 

bargaining agreements with such those representatives. Except as

 

otherwise provided in this section, for the purposes of this

 

section, to bargain collectively is the performance of 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 the negotiation of an agreement, or any question

 

arising under the agreement, and the execution of 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 require the making of

 

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, of 1976,

 

Act No. 451 of the Public Acts of 1976, being section 380.1284 of

 

the Michigan Compiled Laws 1976 PA 451, MCL 380.1284, and under

 

section 101 of the state school aid act of 1979, Act No. 94 of the

 

Public Acts of 1979, being section 388.1701 of the Michigan

 

Compiled Laws 1979 PA 94, MCL 388.1701.

 

     (c) Composition of site-based decision-making bodies

 

established pursuant to section 1202a of Act No. 451 of the Public

 

Acts of 1976, being section 380.1202a of the Michigan Compiled

 

Laws, or of school improvement committees established under section

 

1277 of Act No. 451 of the Public Acts of 1976, being section

 

380.1277 of the Michigan Compiled Laws 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 part 6a of Act No. 451 of the Public Acts of

 

1976, being sections 380.501 to 380.507 of the Michigan Compiled

 

Laws the revised school code, 1976 PA 451, MCL 380.501 to 380.507,

 

or the granting of a leave of absence to an employee of a school

 

district to participate in a public school academy.

 

     (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; or the identity of the third

 

party; or the impact of the contract on individual employees or the

 

bargaining unit.

 

     (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.

 

     (j) Decisions concerning the grant of a leave of absence to

 

teach in a neighborhood public school established under part 6D of

 

the revised school code, 1976 PA 451.

 

     (4) 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.

 

     Enacting section 1. This amendatory act does not take effect

 

unless Senate Bill No. 636                                    

 

          of the 95th Legislature is enacted into law.