Bill Text: MI SB0729 | 2011-2012 | 96th Legislature | Introduced
Bill Title: Labor; organizations; public school employer agreement for bargaining fee for certain personnel; prohibit. Amends sec. 10 of 1947 PA 336 (MCL 423.210).
Spectrum: Partisan Bill (Republican 3-0)
Status: (Introduced - Dead) 2011-10-06 - Referred To Committee On Reforms, Restructuring And Reinventing [SB0729 Detail]
Download: Michigan-2011-SB0729-Introduced.html
SENATE BILL No. 729
October 6, 2011, Introduced by Senators MEEKHOF, PAVLOV and RICHARDVILLE and referred to the Committee on Reforms, Restructuring and Reinventing.
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;
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 A public
employer may permit employees
to
confer with it a labor
organization 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
nothing
in However, except as provided
in subdivision (f), this act
or
in any other law of this state shall does not preclude
a public
employer from making an agreement with an exclusive bargaining
representative
as defined described 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) If the public employer is a public school employer, make
an agreement with an exclusive bargaining representative that
represents 50,000 or more personnel to require, as a condition of
employment, that all employees in the bargaining unit pay a service
fee to the exclusive bargaining representative.
(2) It is the purpose of this amendatory act 1973 PA 25 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 a public
employer for a bargaining unit that is not a bargaining unit
described in subsection (1)(f), 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 that 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)(c) or (f).
(d) Refuse to bargain collectively with a public employer,
provided
if it is the representative of the public employer's
employees subject to section 11.
