Bill Text: MI HB4739 | 2009-2010 | 95th Legislature | Introduced
Bill Title: Labor; public service employment; prohibited subjects of bargaining; clarify as to contracted services. Amends sec. 15 of 1947 PA 336 (MCL 423.215).
Spectrum: Slight Partisan Bill (Democrat 2-1)
Status: (Introduced - Dead) 2009-04-01 - Printed Bill Filed 04/01/2009 [HB4739 Detail]
Download: Michigan-2009-HB4739-Introduced.html
HOUSE BILL No. 4739
March 31, 2009, Introduced by Reps. Melton, Rick Jones and Dean 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 15 (MCL 423.215), as amended by 1994 PA 112.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
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. The prohibition in this subdivision does not
operate to prohibit current school employees from offering bids to
perform the contracted services or from offering alternative plans
for providing the noninstructional support services for the public
employer's consideration.
(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.
(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.
