Bill Text: MI HB5097 | 2013-2014 | 97th Legislature | Engrossed

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Labor; arbitration; limitation on wage increases during collective bargaining agreement negotiations; provide for exceptions. Amends sec. 15b of 1947 PA 336 (MCL 423.215b).

Spectrum: Moderate Partisan Bill (Republican 18-5)

Status: (Passed) 2014-10-22 - Assigned Pa 322'14 With Immediate Effect [HB5097 Detail]

Download: Michigan-2013-HB5097-Engrossed.html

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HB-5097, As Passed House, September 24, 2014

 

 

 

 

 

 

 

 

 

 

 

SUBSTITUTE FOR

 

HOUSE BILL NO. 5097

 

 

 

 

 

 

 

 

 

 

 

     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 15b (MCL 423.215b), as added by 2011 PA 54.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 15b. (1) Except as otherwise provided in this section,

 

after the expiration date of a collective bargaining agreement and

 

until a successor collective bargaining agreement is in place, a

 

public employer shall pay and provide wages and benefits at levels

 

and amounts that are no greater than those in effect on the

 

expiration date of the collective bargaining agreement. The

 

prohibition in this subsection includes increases that would result

 

from wage step increases. Employees who receive health, dental,

 

vision, prescription, or other insurance benefits under a

 

collective bargaining agreement shall bear any increased cost costs

 

of maintaining those benefits that occurs occur after the

 

expiration date. The public employer is authorized to may make

 

payroll deductions necessary to pay the increased costs of

 

maintaining those benefits.

 

     (2) Except as provided in subsection (3) or (4), the parties

 

to a collective bargaining agreement shall not agree to, and an

 

arbitration panel shall not order, any retroactive wage or benefit

 

levels or amounts that are greater than those in effect on the

 

expiration date of the collective bargaining agreement.

 

     (3) For a collective bargaining agreement that expired before

 

the effective date of this section, June 8, 2011, the requirements

 

of this section apply to limit wages and benefits to the levels and

 

amounts in effect on the effective date of this section.June 8,

 

2011.

 

     (4) All of the following apply to a public employee eligible

 

to submit labor disputes to compulsory arbitration under 1969 PA

 

312, MCL 423.231 to 423.247:

 

     (a) Subsection (1) does not prohibit wage or benefit

 

increases, including step increases, expressly authorized under the

 

expired collective bargaining agreement.

 

     (b) The increase in employee costs for maintaining health,

 

dental, vision, prescription, or other insurance benefits after the

 

collective bargaining contract expiration date that the employee is

 

required to bear under subsection (1) shall not cause the total

 

employee costs for those benefits to exceed the amount of the

 

employee's share under the publicly funded health insurance

 

contribution act, 2011 PA 152, MCL 15.561 to 15.269. If the public

 

employer is exempt from the limitations of that act, the total

 

employee costs for those benefits shall not exceed the higher of

 

the minimum required employee share under section 3 or 4 of the

 

publicly funded health insurance contribution act, 2011 PA 152, MCL

 

15.563 and 15.264, calculated as if the public employer were

 

subject to that act.

 

     (c) Subsection (2) does not prohibit retroactive application

 

of a wage or benefit increase if the increase is awarded in the

 

decision of the arbitration panel under 1969 PA 312, MCL 423.231 to

 

423.247, or included in a negotiated bargaining agreement.

 

     (5) (4) As used in this section:

 

     (a) "Expiration date" means the expiration date set forth in a

 

collective bargaining agreement without regard to any agreement of

 

the parties to extend or honor the collective bargaining agreement

 

during pending negotiations for a successor collective bargaining

 

agreement.

 

     (b) "Increased cost" costs" in regard to insurance benefits

 

means the difference in premiums or illustrated rates between the

 

prior year and the current coverage year. The difference shall be

 

calculated based on changes in cost costs by category of coverage

 

and not on changes in individual employee marital or dependent

 

status.