Bill Text: MI HB5050 | 2009-2010 | 95th Legislature | Introduced

---

Bill Title: Labor; public service employment; changes in provisions concerning teacher strikes; provide for. Amends secs. 2a & 6 of 1947 PA 336 (MCL 423.202a & 423.206).

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2009-06-10 - Printed Bill Filed 06/10/2009 [HB5050 Detail]

Download: Michigan-2009-HB5050-Introduced.html

---

 

 

 

 

 

 

 

 

 

 

 

 

 

HOUSE BILL No. 5050

 

June 9, 2009, Introduced by Reps. Rogers and Womack 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 sections 2a and 6 (MCL 423.202a and 423.206), section 6

 

as amended  section 2a as added by 1994 PA 112.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 2a. (1) If conditions constituting a strike in violation

 

of section 2 by 1 or more public school employees exist, the

 

superintendent of public instruction shall notify the commission of

 

the full or partial days a public school employee was engaged in

 

the strike.

 

     (2) (1) If a public school employer alleges that there is a

 

strike by 1 or more public school employees in violation of section

 

2, the If conditions constituting a strike in violation of section

 

2 by 1 or more public school employees exist, a public school

 

employer shall notify the commission and the superintendent of

 

public instruction of the full or partial days a public school

 

employee was engaged in the alleged strike.

 

     (3) (2) If a bargaining representative alleges that there is a

 

lockout by a public school employer in violation of section 2, the

 

bargaining representative shall notify the commission of the full

 

or partial days of the alleged lockout.

 

     (4) (3) Within 60 Not more than 2 days after receipt of a

 

notice made pursuant to subsection (1), or (2), or (3), the

 

commission shall conduct a hearing to determine if there has been a

 

violation and shall issue its decision and order. The hearing shall

 

offer an opportunity for the bargaining representative, public

 

school employer, or public school employee to offer testimony or

 

other evidence to support or contest the allegation of a strike or

 

lockout. A hearing conducted under this subsection is separate and

 

distinct from, and is not subject to the procedures and timelines

 

of, a proceeding conducted under section 6.

 

     (5) (4) If, after a hearing under subsection (3) (4), a

 

majority of the commission finds that 1 or more public school

 

employees engaged in a strike in violation of section 2, the

 

commission shall fine each public school employee an amount equal

 

to 1 day of pay for that public school employee for each full or

 

partial day that he or she engaged in the strike and shall fine the

 

bargaining representative of the public school employee or

 

employees $5,000.00 for each full or partial day the public school

 

employee or employees engaged in the strike.

 

     (6) (5) If, after a hearing under subsection (3) (4), a

 

majority of the commission finds that a public school employer

 

instituted a lockout in violation of section 2, the commission

 

shall fine the public school employer $5,000.00 for each full or

 

partial day of the lockout and shall fine each member of the public

 

school employer's governing board $250.00 for each full or partial

 

day of the lockout.

 

     (7) (6) If the commission imposes a fine against a public

 

school employee under subsection (4) (5) and the public school

 

employee continues to be employed by a public school employer, the

 

commission shall order the public school employer to deduct the

 

fine from the public school employee's annual salary. The public

 

school employee's annual salary is the annual salary that is

 

established in the applicable contract in effect at the time of the

 

strike or, if no applicable contract is in effect at the time of

 

the strike, in the applicable contract in effect at the time of the

 

decision and order. However, if no applicable contract is in effect

 

at either of those times, the public school employee's annual

 

salary shall be considered to be the annual salary that applied or

 

would have applied to the public school employee in the most recent

 

applicable contract in effect before the strike. A public school

 

employer shall comply promptly with an order under this subsection.

 

A deduction under this subsection is not a demotion for the

 

purposes of Act No. 4 of the Extra Session of 1937, being sections

 

38.71 to 38.191 of the Michigan Compiled Laws 1937 (Ex Sess) PA 4,

 

MCL 38.71 to 38.191.

 

     (8) (7) The commission shall transmit money received from

 

fines imposed under this section, and a public school employer

 

shall transmit money deducted pursuant to an order under subsection

 

(6) (7), to the state treasurer for deposit in the state school aid

 

fund established under section 11 of article IX of the state

 

constitution of 1963.

 

     (9) (8) If the commission does not receive payment of a fine

 

imposed under this section within 30 days after the imposition of

 

the fine, or if a public school employer does not deduct a fine

 

from a public school employee's pay pursuant to an order under

 

subsection (6) (7), the commission shall institute collection

 

proceedings.

 

     (10) (9) Fines imposed under this section are in addition to

 

all other penalties prescribed by this act and by law.

 

     (11) (10) A public school employer or the superintendent of

 

public instruction may bring an action to enjoin a strike by public

 

school employees in violation of section 2, and a bargaining

 

representative may bring an action to enjoin a lockout by a public

 

school employer in violation of section 2, in the circuit court for

 

the county in which the affected public school is located. A If the

 

commission has made a determination that a strike or lockout exists

 

after a hearing under subsection (4), that finding shall not be

 

overturned except by clear and convincing evidence. If the court

 

having jurisdiction of an action brought under this subsection

 

shall grant injunctive relief if the court finds that a strike or

 

lockout has occurred, without regard to the existence of other

 

remedies, demonstration of irreparable harm, or other factors.

 

Failure to comply with an order of the court may be punished as

 

contempt. In addition, the court shall award court costs and

 

reasonable attorney fees to a plaintiff who prevails in an action

 

brought under this subsection. finds that conditions constituting a

 

strike or lockout in violation of section 2 exist and unless clear

 

and convincing evidence has shown that the sanction would not be

 

equitable or the sanction would duplicate a sanction imposed by the

 

commission for the same activity under subsection (5) or (6), the

 

court shall do all of the following:

 

     (a) For a strike in violation of section 2, order the labor

 

organization to pay a fine of $5,000.00 for each full or partial

 

day the public school employee or employees engaged in the strike

 

and order each public school employee to pay a fine in an amount

 

equal to 1 day of pay for that public school employee for each full

 

or partial day the public school employee engaged in the strike.

 

For a lockout in violation of section 2, order the public school

 

employer to pay a fine of $5,000.00 for each full or partial day of

 

the lockout and order each member of the public school employer's

 

governing board to pay a fine of $250.00 for each full or partial

 

day of the lockout.

 

     (b) Order the public school employees or public school

 

employer acting in violation of section 2 to end the strike or

 

lockout.

 

     (c) Award costs and attorney fees to a plaintiff who prevails

 

in an action under this subsection.

 

     (d) Grant additional equitable relief that the court finds

 

appropriate.

 

     (12) An order issued under subsection (11) is enforceable

 

through the court's contempt power.

 

     (13) (11) A public school employer shall not provide to a

 

public school employee or to a board member any compensation or

 

additional work assignment that is intended to reimburse the public

 

school employee or board member for a monetary penalty imposed

 

under this section or that is intended to allow the public school

 

employee or board member to recover a monetary penalty imposed

 

under this section.

 

     (14) (12) As used in this section, "public school employee"

 

means a person employed by a public school employer.

 

     Sec. 6. (1) Notwithstanding the provisions of any other law, a

 

public employee who, by concerted action with others and without

 

the lawful approval of his or her superior, willfully absents

 

himself or herself from his or her position, or abstains in whole

 

or in part from the full, faithful and proper performance of his or

 

her duties for the purpose of inducing, influencing or coercing a

 

change in employment conditions, compensation, or the rights,

 

privileges, or obligations of employment, or a public employee

 

employed by a public school employer who engages in an action

 

described in this subsection 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, shall be

 

considered to be on strike.

 

     (2) Before a public employer may discipline or discharge a

 

public employee for engaging in a strike, the public employee, upon

 

request, is entitled to a determination under this section as to

 

whether he or she violated this act. The request shall be filed in

 

writing, with the officer or body having power to remove or

 

discipline the employee, within 10 days after regular compensation

 

of the employee has ceased or other discipline has been imposed. If

 

a request is filed, the officer or body, within 10 5 days after

 

receipt of the request, shall commence a proceeding for the

 

determination of whether the public employee has violated this act.

 

The proceedings shall be held in accordance with the law and

 

regulations appropriate to a proceeding to remove the public

 

employee and shall be held without unnecessary delay. The decision

 

of the officer or body shall be made within 10 2 days after the

 

conclusion of the proceeding. If the employee involved is found to

 

have violated this act and his or her employment is terminated or

 

other discipline is imposed, the employee has the right of review

 

to the circuit court having jurisdiction of the parties, within 30

 

days from the date of the decision, for a determination as to

 

whether the decision is supported by competent, material, and

 

substantial evidence on the whole record. A public employer may

 

consolidate employee hearings under this subsection unless the

 

employee demonstrates manifest injustice from the consolidation.

 

This subsection does not apply to a penalty imposed under section

 

2a.