Bill Text: MI HB5399 | 2015-2016 | 98th Legislature | Introduced

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Bill Title: Labor; collective bargaining; all-union agreements in public sector; allow under certain conditions. Amends sec. 10 of 1947 PA 336 (MCL 423.210) & adds sec. 10a.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2016-03-01 - Bill Electronically Reproduced 02/24/2016 [HB5399 Detail]

Download: Michigan-2015-HB5399-Introduced.html

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HOUSE BILL No. 5399

February 24, 2016, Introduced by Rep. Kosowski and referred to the Committee on Commerce and Trade.

 

     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 2014 PA 414,

 

and by adding section 10a.

 

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 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 employees to

 

confer with a labor organization during working hours without loss

 

of time or pay.

 

     (c) Discriminate in regard to hire, terms, or other conditions

 

of employment to encourage or discourage membership in a labor

 

organization.

 

     (d) Discriminate against a public employee because he or she

 

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) 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,

 

provided it is the representative of the public employer's

 

employees, subject to section 11.

 

     (3) Except as provided in subsection (4) or section 10a, an

 

individual shall not be required as a condition of obtaining or

 

continuing public employment to do any of the following:

 

     (a) Refrain or resign from membership in, voluntary

 

affiliation with, or voluntary financial support of a labor

 

organization or bargaining representative.

 

     (b) Become or remain a member of a labor organization or

 

bargaining representative.

 

     (c) Pay any dues, fees, assessments, or other charges or

 

expenses of any kind or amount, or provide anything of value to a

 

labor organization or bargaining representative.

 

     (d) Pay to any charitable organization or third party any

 

amount that is in lieu of, equivalent to, or any portion of dues,

 

fees, assessments, or other charges or expenses required of members

 

of or public employees represented by a labor organization or

 

bargaining representative.

 

     (4) The application of subsection (3) is subject to the

 

following:

 

     (a) Subsection (3) does not apply to any of the following:

 

     (i) A public police or fire department employee or any person

 

who seeks to become employed as a public police or fire department

 

employee as that term is defined under section 2 of 1969 PA 312,

 

MCL 423.232.

     (ii) A state police trooper or sergeant who is granted rights

 

under section 5 of article XI of the state constitution of 1963 or

 

any individual who seeks to become employed as a state police

 

trooper or sergeant.

 

     (b) Any person described in subdivision (a), or a labor

 

organization or bargaining representative representing persons

 

described in subdivision (a) and a public employer or this state

 

may agree that all employees in the bargaining unit shall share

 

fairly in the financial support of the labor organization or their

 

exclusive bargaining representative by paying a fee to the labor

 

organization or exclusive bargaining representative that may be

 

equivalent to the amount of dues uniformly required of members of

 

the labor organization or exclusive bargaining representative.

 

Section 9(2) shall not be construed to interfere with the right of

 

a public employer or this state and a labor organization or

 

bargaining representative to enter into or lawfully administer such

 

an agreement as it relates to the employees or persons described in

 

subdivision (a).

 

     (c) If any of the exclusions in subdivision (a)(i) or (ii) are

 

found to be invalid by a court, the following apply:

 

     (i) The individuals described in the exclusion found to be

 

invalid shall no longer be excepted from the application of

 

subsection (3).

 

     (ii) Subdivision (b) does not apply to individuals described

 

in the invalid exclusion.

 

     (5) An agreement, contract, understanding, or practice between

 

or involving a public employer, labor organization, or bargaining

representative that violates subsection (3) is unlawful and

 

unenforceable. This subsection applies only to an agreement,

 

contract, understanding, or practice that takes effect or is

 

extended or renewed after March 28, 2013.

 

     (6) The court of appeals has exclusive original jurisdiction

 

over any action challenging the validity of subsection (3), (4), or

 

(5). The court of appeals shall hear the action in an expedited

 

manner.

 

     (7) For fiscal year 2012-2013, $1,000,000.00 is appropriated

 

to the department of licensing and regulatory affairs to be

 

expended to do all of the following regarding 2012 PA 349:

 

     (a) Respond to public inquiries regarding 2012 PA 349.

 

     (b) Provide the commission with sufficient staff and other

 

resources to implement 2012 PA 349.

 

     (c) Inform public employers, public employees, and labor

 

organizations concerning their rights and responsibilities under

 

2012 PA 349.

 

     (d) Any other purposes that the director of the department of

 

licensing and regulatory affairs determines in his or her

 

discretion are necessary to implement 2012 PA 349.

 

     (7) (8) A person, public employer, or labor organization that

 

violates subsection (3) is liable for a civil fine of not more than

 

$500.00. A civil fine recovered under this section shall be

 

submitted to the state treasurer for deposit in the general fund of

 

this state.

 

     (8) (9) 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. For fiscal year

 

2011-2012, $100,000.00 is appropriated to the commission for the

 

costs of implementing this subsection. For fiscal year 2014-2015,

 

$100,000.00 is appropriated to the commission for the costs of

 

implementing this subsection.

 

     (9) (10) Except for actions required to be brought under

 

subsection (6), a person who suffers an injury as a result of a

 

violation or threatened violation of subsection (3) may bring a

 

civil action for damages, injunctive relief, or both. In addition,

 

a court shall award court costs and reasonable attorney fees to a

 

plaintiff who prevails in an action brought under this subsection.

 

Remedies provided in this subsection are independent of and in

 

addition to other penalties and remedies prescribed by this act.

 

     Sec. 10a. (1) A public employer may enter into an all-union

 

agreement with the representatives of the public employer's

employees in a recognized or certified collective bargaining unit

 

within this state only as provided in this section. An all-union

 

agreement is not effective unless the agreement is approved by an

 

affirmative vote of a majority of all the public employees eligible

 

to vote or 3/4 of the public employees who actually vote, whichever

 

is greater, and is filed with the commission. The public employer,

 

the labor organization, or 20% or more of the public employees

 

covered by the all-union agreement may file a petition demanding an

 

election on ratification of the agreement. The vote must be by

 

secret ballot in an election conducted under the supervision of the

 

commission as soon as practicable after the petition is filed. Only

 

public employees in the bargaining unit are eligible to vote in the

 

election. If the collective bargaining unit involved is certified

 

under section 9e or by the National Labor Relations Board, further

 

recognition or certification by election is not necessary for the

 

collective bargaining unit before conducting an election under this

 

subsection.

 

     (2) The commission shall terminate an all-union agreement if

 

any of the following circumstances exist:

 

     (a) The commission finds that the labor organization

 

unreasonably refused to receive as a member any employee of the

 

public employer. Any interested person may raise this issue before

 

the commission.

 

     (b) The public employer or 20% of the public employees covered

 

by an all-union agreement file a petition with the commission on a

 

form provided by the commission seeking to terminate the all-union

 

agreement, and an election is held on the petition under the

supervision of the commission at which a majority of all the public

 

employees eligible to vote or 3/4 of the public employees who

 

actually vote, whichever is greater, do not vote to retain the all-

 

union agreement. A petition under this subdivision may only be

 

filed 120 to 105 days before either the end of the collective

 

bargaining agreement or the end of a triennial anniversary date of

 

the collective bargaining agreement, as applicable.

 

     (3) The commission shall provide means for doing all of the

 

following as to a public employee petition under subsection (1) or

 

(2)(b):

 

     (a) Submitting a confidential public employee petition for an

 

election on an all-union agreement.

 

     (b) Verifying the employment, status, and eligibility of

 

petitioners.

 

     (c) Determining the sufficiency of the petitions as to the 20%

 

signature requirement.

 

     (4) The commission must complete the election on a petition

 

under subsection (2)(b) by 60 days before either the end or the

 

triennial anniversary of the collective bargaining agreement, as

 

applicable. The commission shall not conduct an election on a

 

petition under subsection (2)(b) more than once during any

 

collective bargaining agreement with a duration of 3 years or less,

 

or more than once every 3 years for an agreement with a duration

 

that exceeds 3 years.

 

     (5) The identity of a public employee who casts a ballot in an

 

election or signs a petition submitted to the commission under this

 

section shall be kept confidential and is exempt from disclosure

under the freedom of information act, 1976 PA 442, MCL 15.231 to

 

15.246.

 

     (6) Section 9(2) shall not be construed to interfere with the

 

right of a public employer and a labor organization to enter into

 

or lawfully administer an all-union agreement as provided in this

 

section.

 

     (7) As used in this section, "all-union agreement" means a

 

contractual provision between a public employer and a collective

 

bargaining unit representing some or all of the employees of the

 

public employer providing for any type of union security and

 

compelling a public employee's financial support or allegiance to a

 

labor organization. All-union agreement includes, but is not

 

limited to, a contractual provision for a union shop, a modified

 

union shop, an agency shop providing periodic payment of a sum in

 

lieu of union dues, a modified agency shop, a pre-hire agreement,

 

maintenance of dues, or maintenance of membership.

 

     Enacting section 1. This amendatory act takes effect 90 days

 

after the date it is enacted into law.