Bill Text: MI SB1260 | 2017-2018 | 99th Legislature | Introduced
Bill Title: Labor; collective bargaining; biannual election of bargaining representative; require for public employees. Amends sec. 14 of 1947 PA 336 (MCL 423.214) & adds sec. 12a.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2018-12-06 - Referred To Committee Of The Whole [SB1260 Detail]
Download: Michigan-2017-SB1260-Introduced.html
SENATE BILL No. 1260
December 4, 2018, Introduced by Senator MEEKHOF and referred to the Committee on Michigan Competitiveness.
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 14 (MCL 423.214), as amended by 2012 PA 349,
and by adding section 12a.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 12a. (1) Beginning in 2022, in every even-numbered year
the commission shall direct an election in an existing certified
appropriate unit. All of the following apply to an election held
under this section:
(a) The election must take place during a 7-day period
beginning on or after August 1 and ending on or before November 30.
(b) At least 30 days before the election, the public employer
shall provide the commission and existing certified bargaining
representative with and make publicly available on its website the
names of the public employees who are eligible to vote in the
election. The existing certified bargaining representative or a
public employee in the unit may challenge the eligibility status of
a public employee that is or is not on the list.
(c) The commission shall conduct the election by secret ballot
in person; by mail, telephone, or internet; or by any other means
that the commission determines to be fair, confidential, and
reliable.
(d) The commission shall supervise the election, tally the
results of the election, and provide to the public employer and
existing certified bargaining representative and make publicly
available on its website the final tally. The public employer, the
existing certified bargaining representative, or a public employee
in the unit may challenge the results of the election pursuant to
procedures established by the commission.
(e) The existing certified bargaining representative shall pay
the costs of the election pursuant to a fee schedule established by
the commission.
(2) If an existing certified bargaining representative
receives a majority of the votes cast in an election held under
this section, and the majority represents at least 50% of the
public employees in the unit, the existing certification continues.
If the certified bargaining representative fails to receive a
majority vote representing at least 50% of the employees in the
unit, the existing certification terminates. If certification is
terminated, the terms of the existing contract between the
employees represented by the bargaining representative and the
employer continues in effect for the remaining contract term except
for any provisions that involve duties of or obligations to the
bargaining representative including, but not limited to, union
security, dues and fees, and involvement in grievance and
arbitration procedures.
(3) For the fiscal year ending September 30, 2019, $500,000.00
in general fund/general purpose money is appropriated from the
general fund to the department of licensing and regulatory affairs
to be expended to implement this section.
Sec.
14. (1) An election The
commission shall not be directed
direct
an election in any a bargaining
unit or any a subdivision
within
which, of a bargaining unit if,
in the immediately preceding
12-month period, a valid election with the same or an affiliated
bargaining representative was held. The commission shall determine
who is eligible to vote in the election and shall promulgate rules
governing the election. In an election involving more than 2
choices, if none of the choices on the ballot receives a majority
vote,
a runoff election shall must
be conducted between the 2
choices receiving the 2 largest numbers of valid votes cast in the
election.
An election Subject to
section 12a, the commission shall
not
be directed direct an
election in any a bargaining
unit or
subdivision
of any a bargaining unit if there is in force and
effect a valid collective bargaining agreement that was not
prematurely extended and that is of fixed duration. A collective
bargaining agreement does not bar an election upon the petition of
persons not parties to the collective bargaining agreement if more
than 3 years have elapsed since the agreement's execution or last
timely renewal, whichever was later. As used in this subsection,
"affiliated bargaining representative" means an organization of
workers formed to promote collective bargaining with which a
bargaining representative is aligned or associated but in such a
way that the bargaining representative's alignment or association
with the organization does not result in the dissolution of the
bargaining representative.
(2)
An election The commission
shall not be directed direct an
election for, and the commission or a public employer shall not
recognize, a bargaining unit of a public employer consisting of
individuals who are not public employees. A bargaining unit that is
formed or recognized in violation of this subsection is invalid and
void.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.
