Bill Text: MI HB4768 | 2019-2020 | 100th Legislature | Introduced

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Bill Title: Labor; collective bargaining; reference to emergency managers in the public employment relations act; modify to include reference to financial management teams. Amends sec. 15 of 1947 PA 336 (MCL 423.215). TIE BAR WITH: HB 4751'19

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2019-06-26 - Bill Electronically Reproduced 06/26/2019 [HB4768 Detail]

Download: Michigan-2019-HB4768-Introduced.html

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HOUSE BILL No. 4768

 

 

June 20, 2019, Introduced by Reps. Tyrone Carter and Yaroch and referred to the Committee on Government Operations.

 

     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 15 (MCL 423.215), as amended by 2014 PA 414.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

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

 

the representatives of its employees as described in section 11 and

 

may make and enter into collective bargaining agreements with those

 

representatives. Except as otherwise provided in this section, for

 

the purposes of this section, to bargain collectively is 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 to negotiate an agreement, or any question arising

 

under the agreement, and to execute 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 make 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 must 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 must 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, 1976 PA

 

451, MCL 380.1284, and under section 101 of the state school aid

 

act of 1979, 1979 PA 94, MCL 388.1701.

 

     (c) The composition of school improvement committees

established under section 1277 of 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 the selection of grade levels or schools in

 

which to allow 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 the revised school code, 1976 PA 451, MCL

 

380.1 to 380.1852.

 

     (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 for noninstructional support

 

services other than bidding described in this subdivision; or the

 

identity of the third party; or the impact of the contract for

 

noninstructional support services on individual employees or the

 

bargaining unit. However, this subdivision applies only if the

 

bargaining unit that is providing the noninstructional support

 

services is given an opportunity to bid on the contract for the

 

noninstructional support services on an equal basis as other

 

bidders.

 

     (g) The use of volunteers in providing services at its

 

schools.

 

     (h) Decisions concerning use and staffing of experimental or

 

pilot programs and decisions concerning use of technology to

 

deliver educational programs and services and staffing to provide

 

that technology, or the impact of those 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) Any decision made by the public school employer regarding

 

teacher placement, or the impact of that decision on an individual

 

employee or the bargaining unit.

 

     (k) Decisions about the development, content, standards,

 

procedures, adoption, and implementation of the public school

 

employer's policies regarding personnel decisions when conducting a

 

staffing or program reduction or any other personnel determination

 

resulting in the elimination of a position, when conducting a

 

recall from a staffing or program reduction or any other personnel

 

determination resulting in the elimination of a position, or in

 

hiring after a staffing or program reduction or any other personnel

 

determination resulting in the elimination of a position, as

 

provided under section 1248 of the revised school code, 1976 PA

 

451, MCL 380.1248, any decision made by the public school employer

 

pursuant to those policies, or the impact of those decisions on an

 

individual employee or the bargaining unit.

 

     (l) Decisions about the development, content, standards,

 

procedures, adoption, and implementation of a public school

 

employer's performance evaluation system adopted under section 1249

 

of the revised school code, 1976 PA 451, MCL 380.1249, or under

 

1937 (Ex Sess) PA 4, MCL 38.71 to 38.191, decisions concerning the

 

content of a performance evaluation of an employee under those

 

provisions of law, or the impact of those decisions on an

individual employee or the bargaining unit.

 

     (m) For public employees whose employment is regulated by 1937

 

(Ex Sess) PA 4, MCL 38.71 to 38.191, decisions about the

 

development, content, standards, procedures, adoption, and

 

implementation of a policy regarding discharge or discipline of an

 

employee, decisions concerning the discharge or discipline of an

 

individual employee, or the impact of those decisions on an

 

individual employee or the bargaining unit. For public employees

 

whose employment is regulated by 1937 (Ex Sess) PA 4, MCL 38.71 to

 

38.191, a public school employer shall not adopt, implement, or

 

maintain a policy for discharge or discipline of an employee that

 

includes a standard for discharge or discipline that is different

 

than the arbitrary and capricious standard provided under section 1

 

of article IV of 1937 (Ex Sess) PA 4, MCL 38.101.

 

     (n) Decisions about the format, timing, or number of classroom

 

observations conducted for the purposes of section 3a of article II

 

of 1937 (Ex Sess) PA 4, MCL 38.83a, decisions concerning the

 

classroom observation of an individual employee, or the impact of

 

those decisions on an individual employee or the bargaining unit.

 

     (o) Decisions about the development, content, standards,

 

procedures, adoption, and implementation of the method of

 

compensation required under section 1250 of the revised school

 

code, 1976 PA 451, MCL 380.1250, decisions about how an employee

 

performance evaluation is used to determine performance-based

 

compensation under section 1250 of the revised school code, 1976 PA

 

451, MCL 380.1250, decisions concerning the performance-based

 

compensation of an individual employee, or the impact of those

decisions on an individual employee or the bargaining unit.

 

     (p) Decisions about the development, format, content, and

 

procedures of the notification to parents and legal guardians

 

required under section 1249a of the revised school code, 1976 PA

 

451, MCL 380.1249a.

 

     (q) Any requirement that would violate section 10(3).

 

     (4) Except as otherwise provided in subsection (3)(f), 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.

 

     (5) If a public school is placed in the state school

 

reform/redesign school district or is placed under a chief

 

executive officer under section 1280c of the revised school code,

 

1976 PA 451, MCL 380.1280c, then, for the purposes of collective

 

bargaining under this act, the state school reform/redesign officer

 

or the chief executive officer, as applicable, is the public school

 

employer of the public school employees of that public school for

 

as long as the public school is part of the state school

 

reform/redesign school district or operated by the chief executive

 

officer.

 

     (5) (6) A public school employer's collective bargaining duty

 

under this act and a collective bargaining agreement entered into

 

by a public school employer under this act are subject to all of

 

the following:

 

     (a) Any any effect on collective bargaining and any

modification of a collective bargaining agreement occurring under

 

section 1280c 1280g of the revised school code, 1976 PA 451, MCL

 

380.1280c.380.1280g.

 

     (b) For a public school in which the superintendent of public

 

instruction implements 1 of the 4 school intervention models

 

described in section 1280c of the revised school code, 1976 PA 451,

 

MCL 380.1280c, if the school intervention model that is implemented

 

affects collective bargaining or requires modification of a

 

collective bargaining agreement, any effect on collective

 

bargaining and any modification of a collective bargaining

 

agreement under that school intervention model.

 

     (6) (7) Each collective bargaining agreement entered into

 

between a public employer and public employees under this act on or

 

after March 28, 2013 shall must include a provision that allows an

 

emergency manager or a financial management team appointed under

 

the local financial stability and choice act, 2012 PA 436, MCL

 

141.1541 to 141.1575, to reject, modify, or terminate the

 

collective bargaining agreement as provided in the local financial

 

stability and choice act, 2012 PA 436, MCL 141.1541 to 141.1575.

 

Provisions required by this subsection are prohibited subjects of

 

bargaining under this act.

 

     (7) (8) Collective bargaining agreements under this act may be

 

rejected, modified, or terminated pursuant to the local financial

 

stability and choice act, 2012 PA 436, MCL 141.1541 to 141.1575.

 

This act does not confer a right to bargain that would infringe on

 

the exercise of powers under the local financial stability and

 

choice act, 2012 PA 436, MCL 141.1541 to 141.1575.

     (8) (9) A unit of local government that enters into a consent

 

agreement under the local financial stability and choice act, 2012

 

PA 436, MCL 141.1541 to 141.1575, is not subject to subsection (1)

 

for the term of the consent agreement, as provided in the local

 

financial stability and choice act, 2012 PA 436, MCL 141.1541 to

 

141.1575.

 

     (9) (10) If the charter of a city, village, or township with a

 

population of 500,000 or more requires and specifies the method of

 

selection of a retirant member of the municipality's fire

 

department, police department, or fire and police department

 

pension or retirement board, the inclusion of the retirant member

 

on the board and the method of selection of that retirant member

 

are prohibited subjects of collective bargaining, and any provision

 

in a collective bargaining agreement that purports to modify that

 

charter requirement is void and of no effect.

 

     (10) (11) The following are prohibited subjects of bargaining

 

and are at the sole discretion of the public employer:

 

     (a) A decision as to whether or not the public employer will

 

enter into an intergovernmental agreement to consolidate 1 or more

 

functions or services, to jointly perform 1 or more functions or

 

services, or to otherwise collaborate regarding 1 or more functions

 

or services.

 

     (b) The procedures for obtaining a contract for the transfer

 

of functions or responsibilities under an agreement described in

 

subdivision (a).

 

     (c) The identities of any other parties to an agreement

 

described in subdivision (a).

     (11) (12) Subsection (11) (10) does not relieve a public

 

employer of any duty established by law to collectively bargain

 

with its employees as to the effect of a contract described in

 

subsection (11)(a) (10)(a) on its employees.

 

     (12) (13) An agreement with a collective bargaining unit shall

 

must not require a public employer to pay the costs of an

 

independent examiner verification described in section 10(9).

 

     Enacting section 1. This amendatory act takes effect 90 days

 

after the date it is enacted into law.

 

     Enacting section 2. This amendatory act does not take effect

 

unless Senate Bill No.____ or House Bill No. 4751 (request no.

 

01329'19) of the 100th Legislature is enacted into law.