Bill Text: MI HB4665 | 2009-2010 | 95th Legislature | Introduced

---

Bill Title: Labor; collective bargaining; public employer contracts that pay union officials for time conducting union business; prohibit. Amends sec. 10 of 1947 PA 336 (MCL 423.210).

Spectrum: Partisan Bill (Republican 23-0)

Status: (Introduced - Dead) 2009-03-24 - Printed Bill Filed 03/20/2009 [HB4665 Detail]

Download: Michigan-2009-HB4665-Introduced.html

---

 

 

 

 

 

 

 

 

 

 

 

 

 

HOUSE BILL No. 4665

 

March 19, 2009, Introduced by Reps. Knollenberg, Agema, McMillin, Green, Meekhof, Genetski, Kowall, Pearce, Walsh, Lund, DeShazor, Haveman, Crawford, Calley, Denby, Rogers, Wayne Schmidt, Lori, Kurtz, Booher, Daley, Pavlov and Meltzer and referred to the Committee on Labor.

 

     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 10 (MCL 423.210).

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 10. (1) It shall be unlawful for a A public employer or

 

an officer or agent of a public employer shall not do any of the

 

following:

 

     (a) to interfere Interfere with, restrain, or coerce public

 

employees in the exercise of their rights guaranteed in section 9.

 

;

 

     (b) to initiate, Initiate, create, dominate, contribute to, or

 

interfere with the formation or administration of any labor

 

organization, : Provided, That a public employer shall not be

 

prohibited from permitting but a public employer may permit

 

employees to confer with it during working hours without loss of

 

time or pay. ;

 

     (c) to discriminate Discriminate in regard to hire, terms or

 

other conditions of employment in order to encourage or discourage

 

membership in a labor organization, : Provided further, That but

 

nothing in this act or in any law of this state shall preclude

 

precludes a public employer from making an agreement with an

 

exclusive bargaining representative as defined in section 11 to

 

require as a condition of employment that all 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) to discriminate Discriminate against a public employee

 

because he or she has given testimony or instituted proceedings

 

under this act. ; or

 

     (e) to refuse Refuse to bargain collectively with the

 

representatives of its public employees, subject to the provisions

 

of section 11.

 

     (f) After the effective date of the amendatory act that added

 

this subdivision, enter into or renew a bargaining agreement that

 

requires or allows paid release time for union officers or

 

bargaining representatives to conduct union business if the release

 

time is paid by the public employer.

 

     (2) It is the purpose of this amendatory act to reaffirm the

 

continuing public policy of this state that the stability and

 

effectiveness of labor relations in the public sector require, if

 

such the requirement is negotiated with the public employer, that

 

all employees in the bargaining unit shall share fairly in the

 

financial support of their exclusive bargaining representative by

 

paying to the exclusive bargaining representative a service fee

 

which may be equivalent to the amount of dues uniformly required of

 

members of the exclusive bargaining representative.

 

     (3) It shall be unlawful for a A labor organization or its

 

agents shall not do any of the following:

 

     (a) to restrain or coerce: (i) public Restrain or coerce

 

public employees in the exercise of the rights guaranteed in

 

section 9. : Provided, That this This subdivision shall does not

 

impair the right of a labor organization to prescribe its own rules

 

with respect to the acquisition or retention of membership.

 

therein; or (ii) a

 

     (b) Restrain or coerce a public employer in the selection of

 

its representatives for the purposes of collective bargaining or

 

the adjustment of grievances. ; (b) to cause

 

     (c) Cause or attempt to cause a public employer to

 

discriminate against a public employee in violation of subdivision

 

(c) of subsection (1); or (c) to refuse subsection (1)(d).

 

     (d) Refuse to bargain collectively with a public employer,

 

provided it is the representative of the public employer's

 

employees subject to section 11.