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.