Bill Text: MI HB4628 | 2011-2012 | 96th Legislature | Introduced
Bill Title: Education; employees; additional prohibited subjects of bargaining for public school employees; provide for. Amends sec. 15 of 1947 PA 336 (MCL 423.215). TIE BAR WITH: HB 4625'11, HB 4626'11, HB 4627'11
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2011-07-27 - Assigned Pa 103'11 With Immediate Effect [HB4628 Detail]
Download: Michigan-2011-HB4628-Introduced.html
HOUSE BILL No. 4628
May 10, 2011, Introduced by Reps. Yonker and Haveman and referred to the Committee on Education.
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 15 (MCL 423.215), as amended by 2011 PA 9.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 15. (1) A public employer shall bargain collectively with
the representatives of its employees as described in section 11 and
may make and enter into collective bargaining agreements with those
representatives. Except as otherwise provided in this section, for
the purposes of this section, to bargain collectively is the
performance of the mutual obligation of the employer and the
representative of the employees to meet at reasonable times and
confer in good faith with respect to wages, hours, and other terms
and conditions of employment, or the negotiation of an agreement,
or any question arising under the agreement, and the execution of a
written contract, ordinance, or resolution incorporating any
agreement reached if requested by either party, but this obligation
does not compel either party to agree to a proposal or require the
making of a concession.
(2) A public school employer has the responsibility,
authority, and right to manage and direct on behalf of the public
the operations and activities of the public schools under its
control.
(3) Collective bargaining between a public school employer and
a bargaining representative of its employees shall not include any
of the following subjects:
(a) Who is or will be the policyholder of an employee group
insurance benefit. This subdivision does not affect the duty to
bargain with respect to types and levels of benefits and coverages
for employee group insurance. A change or proposed change in a type
or to a level of benefit, policy specification, or coverage for
employee group insurance shall be bargained by the public school
employer and the bargaining representative before the change may
take effect.
(b) Establishment of the starting day for the school year and
of the amount of pupil contact time required to receive full state
school aid under section 1284 of the revised school code, 1976 PA
451, MCL 380.1284, and under section 101 of the state school aid
act of 1979, 1979 PA 94, MCL 388.1701.
(c) The composition of school improvement committees
established under section 1277 of the revised school code, 1976 PA
451, MCL 380.1277.
(d) The decision of whether or not to provide or allow
interdistrict or intradistrict open enrollment opportunity in a
school district or of which grade levels or schools in which to
allow such an open enrollment opportunity.
(e) The decision of whether or not to act as an authorizing
body to grant a contract to organize and operate 1 or more public
school academies under the revised school code, 1976 PA 451, MCL
380.1 to 380.1852.
(f) The decision of whether or not to contract with a third
party for 1 or more noninstructional support services; or the
procedures for obtaining the contract for noninstructional support
services other than bidding described in this subdivision; or the
identity of the third party; or the impact of the contract for
noninstructional support services on individual employees or the
bargaining unit. However, this subdivision applies only if the
bargaining unit that is providing the noninstructional support
services is given an opportunity to bid on the contract for the
noninstructional support services on an equal basis as other
bidders.
(g) The use of volunteers in providing services at its
schools.
(h) Decisions concerning use of experimental or pilot programs
and staffing of experimental or pilot programs and decisions
concerning use of technology to deliver educational programs and
services and staffing to provide the technology, or the impact of
these decisions on individual employees or the bargaining unit.
(i) Any compensation or additional work assignment intended to
reimburse an employee for or allow an employee to recover any
monetary penalty imposed under this act.
(j) Decisions about the development, content, standards,
procedures, adoption, and implementation of the public school
employer's policy for placement of teachers required under section
1247 of the revised school code, 1976 PA 451, MCL 380.1247, any
decision made by the public school employer pursuant to that
policy, or the impact of those decisions on an individual employee
or the bargaining unit.
(k) Decisions about the development, content, standards,
procedures, adoption, and implementation of the public school
employer's policies regarding personnel decisions when conducting a
reduction in force or any other personnel determination resulting
in the elimination of a position or a recall from a reduction in
force or any other personnel determination resulting in the
elimination of a position or in hiring after a reduction in force
or any other personnel determination resulting in the elimination
of a position, as provided under section 1248 of the revised school
code, 1976 PA 451, MCL 380.1248, any decision made by the public
school employer pursuant to those policies, or the impact of those
decisions on an individual employee or the bargaining unit.
(l) Decisions about the development, content, standards,
procedures, adoption, and implementation of a performance
evaluation system, including, but not limited to, the public school
employer's performance evaluation system adopted under section 1249
of the revised school code, 1976 PA 451, MCL 380.1249, or under
1937 (Ex Sess) PA 4, MCL 38.71 to 38.191, decisions concerning the
content of a performance evaluation of an employee, or the impact
of those decisions on an individual employee or the bargaining
unit.
(m) Decisions about the development, content, standards,
procedures, adoption, and implementation of a policy regarding
discharge or discipline of an employee, decisions concerning the
discharge or discipline of an individual employee, or the impact of
those decisions on an individual employee or the bargaining unit. A
public school employer shall not adopt, implement, or maintain a
policy for discharge or discipline of an employee that includes a
standard for discharge or discipline that is different than the
arbitrary and capricious standard provided under section 1 of
article IV of 1937 (Ex Sess) PA 4, MCL 38.101.
(n) Decisions about the format or number of classroom
observations conducted for the purposes of section 3a of article II
of 1937 (Ex Sess) PA 4, MCL 38.83a, decisions concerning the
classroom observation of an individual employee, or the impact of
those decisions on an individual employee or the bargaining unit.
(o) Decisions about the development, content, standards,
procedures, adoption, and implementation of the method of
compensation required under section 1250 of the revised school
code, 1976 PA 451, MCL 380.1250, decisions about how an employee
performance evaluation is used to determine performance-based
compensation, including, but not limited to, performance-based
compensation under section 1250 of the revised school code, 1976 PA
451, MCL 380.1250, decisions concerning the performance-based
compensation of an individual employee, or the impact of those
decisions on an individual employee or the bargaining unit.
(4) Except as otherwise provided in subsection (3)(f), the
matters described in subsection (3) are prohibited subjects of
bargaining between a public school employer and a bargaining
representative of its employees, and, for the purposes of this act,
are within the sole authority of the public school employer to
decide.
(5) If a public school is placed in the state school
reform/redesign school district or is placed under a chief
executive officer under section 1280c of the revised school code,
1976 PA 451, MCL 380.1280c, then, for the purposes of collective
bargaining under this act, the state school reform/redesign officer
or the chief executive officer, as applicable, is the public school
employer of the public school employees of that public school for
as long as the public school is part of the state school
reform/redesign school district or operated by the chief executive
officer.
(6) A public school employer's collective bargaining duty
under this act and a collective bargaining agreement entered into
by a public school employer under this act are subject to all of
the following:
(a) Any effect on collective bargaining and any modification
of a collective bargaining agreement occurring under section 1280c
of the revised school code, 1976 PA 451, MCL 380.1280c.
(b) For a public school in which the superintendent of public
instruction implements 1 of the 4 school intervention models
described in section 1280c of the revised school code, 1976 PA 451,
MCL 380.1280c, if the school intervention model that is implemented
affects collective bargaining or requires modification of a
collective bargaining agreement, any effect on collective
bargaining and any modification of a collective bargaining
agreement under that school intervention model.
(7) Each collective bargaining agreement entered into between
a
public employer and public employees under this act after the
effective
date of the amendatory act that added this subsection
March 16, 2011 shall include a provision that allows an emergency
manager appointed under the local government and school district
fiscal accountability act, 2011 PA 4, MCL 141.1501 to 141.1531, to
reject, modify, or terminate the collective bargaining agreement as
provided in the local government and school district fiscal
accountability act, 2011 PA 4, MCL 141.1501 to 141.1531. Provisions
required by this subsection are prohibited subjects of bargaining
under this act.
(8) Collective bargaining agreements under this act may be
rejected, modified, or terminated pursuant to the local government
and school district fiscal accountability act, 2011 PA 4, MCL
141.1501 to 141.1531. This act does not confer a right to bargain
that would infringe on the exercise of powers under the local
government and school district fiscal accountability act, 2011 PA
4, MCL 141.1501 to 141.1531.
(9) A unit of local government that enters into a consent
agreement under the local government and school district fiscal
accountability act, 2011 PA 4, MCL 141.1501 to 141.1531, is not
subject to subsection (1) for the term of the consent agreement, as
provided in the local government and school district fiscal
accountability act, 2011 PA 4, MCL 141.1501 to 141.1531.
Enacting section 1. This amendatory act shall not take effect
unless all of the following bills of the 96th Legislature are
enacted into law:
(a) Senate Bill No. ____ or House Bill No. 4625(request no.
00145'11 *).
(b) Senate Bill No. ____ or House Bill No. 4626(request no.
02019'11 ***).
(c) Senate Bill No. ____ or House Bill No. 4627(request no.
02178'11).
