Bill Text: MI HB4233 | 2023-2024 | 102nd Legislature | Engrossed
Bill Title: Labor: public service employment; labor organizations' assistance in collecting dues from public school employees; remove prohibition against. Amends sec. 10 of 1947 PA 336 (MCL 423.210).
Spectrum: Partisan Bill (Democrat 44-0)
Status: (Passed) 2023-08-22 - Assigned Pa 114'23 [HB4233 Detail]
Download: Michigan-2023-HB4233-Engrossed.html
Substitute For
HOUSE BILL NO. 4233
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 10 (MCL 423.210), as amended by 2023 PA 9.
The people of the state of michigan enact:
Sec. 10. (1) A public employer or an officer or agent of a public employer shall not do any of the following:
(a) Interfere with, restrain, or coerce public employees in the exercise of their rights guaranteed in section 9.
(b) Initiate, create, dominate, contribute to, or interfere with the formation or administration of any a labor organization. A public school employer's use of public school resources to assist a labor organization in collecting dues or service fees from wages of public school employees is a prohibited contribution to the administration of a labor organization. However, a public school employer's collection of dues or service fees pursuant to a collective bargaining agreement that is in effect on March 16, 2012 is not prohibited until the agreement expires or is terminated, extended, or renewed. A public employer may permit allow employees to confer with a labor organization during working hours without loss of time or pay.
(c) Discriminate in regard to hire, hiring, terms, or other conditions of employment to encourage or discourage membership in a labor organization. However, this act or any other law of this state does not preclude a public employer from making an agreement with an exclusive bargaining representative as described in section 11 to require as a condition of employment that all other employees in the bargaining unit pay to the exclusive bargaining representative a service fee equivalent to the amount of dues uniformly required of members of the exclusive bargaining representative.
(d) Discriminate against a public employee because he or she the public employee has given testimony or instituted proceedings under this act.
(e) Refuse to bargain collectively with the representatives of its public employees, subject to section 11.
(2) It is the purpose of 1973 PA 25 to reaffirm the continuing public policy of this state that the stability and effectiveness of labor relations in the public sector require, if the requirement is negotiated with the public employer, that all other employees in the bargaining unit share fairly in the financial support of their exclusive bargaining representative by paying to the exclusive bargaining representative a service fee that may be equivalent to the amount of dues uniformly required of members of the exclusive bargaining representative.
(3) A labor organization or its agents shall not do any of the following:
(a) Restrain or coerce public employees in the exercise of the rights guaranteed in section 9. This subdivision does not impair the right of a labor organization to prescribe its own rules with respect to the acquisition or retention of membership.
(b) Restrain or coerce a public employer in the selection of its representatives for the purposes of collective bargaining or the adjustment of grievances.
(c) Cause or attempt to cause a public employer to discriminate against a public employee in violation of subsection (1)(c).
(d) Refuse to bargain collectively with a public employer, if it is the representative of the public employer's employees, subject to section 11.
(4) By July 1 of each year, each exclusive bargaining representative that represents public employees in this state shall have an independent examiner verify the exclusive bargaining representative's calculation of all expenditures attributed to the costs of collective bargaining, contract administration, and grievance adjustment during the prior calendar year and shall file that verification with the commission. The commission shall make the exclusive bargaining representative's calculations available to the public on the commission's website. The exclusive bargaining representative shall also file a declaration identifying the local bargaining units that are represented. Local bargaining units identified in the declaration filed by the exclusive bargaining representative are not required to file a separate calculation of all expenditures attributed to the costs of collective bargaining, contract administration, and grievance adjustment.
(5) A public employer and a bargaining representative may enter into a collective bargaining agreement that requires all public employees in the bargaining unit to share equally in the financial support of the bargaining representative. This act does not, and a law or policy of a local government must not, prohibit or limit an agreement that requires public employees in the bargaining unit, as a condition of continued employment, to pay to the bargaining representative membership dues or service fees. This subsection becomes effective immediately upon, and applies to the extent permitted by, either of the following:
(a) A decision or ruling by the United States Supreme Court that reverses or limits, in whole or in part, Janus v AFSCME, Council 31, ___US___; 138 S Ct 2448 (2018).
(b) The ratification of an amendment to the United States Constitution that restores the ability to require, as a condition of employment, a public employee who is not a member of a bargaining representative to pay, under any circumstances, fees, including agency fees, to the bargaining representative.
(6) For fiscal year 2022-2023, $1,000,000.00 is appropriated to the department of labor and economic opportunity to be expended to do all of the following regarding the 2023 amendatory act that added this sentence:
(a) Respond to public inquiries regarding the amendatory act.
(b) Provide the commission with sufficient staff and other resources to implement the amendatory act.
(c) Inform public employers, public employees, and bargaining representatives about changes to their rights and responsibilities under the amendatory act.
(d) Any other purposes that the director of the department of labor and economic opportunity determines in the director's sole discretion are necessary to implement the amendatory act.
