Bill Text: MI HB5359 | 2009-2010 | 95th Legislature | Introduced
Bill Title: Education; school districts; exclusion of public school administrators of first class school districts for collective bargaining purposes; apply to certain other school districts. Amends sec. 1 of 1947 PA 336 (MCL 423.201).
Spectrum: Partisan Bill (Democrat 10-0)
Status: (Introduced - Dead) 2009-09-16 - Printed Bill Filed 09/16/2009 [HB5359 Detail]
Download: Michigan-2009-HB5359-Introduced.html
HOUSE BILL No. 5359
September 15, 2009, Introduced by Reps. Leland, Bettie Scott, Jackson, Durhal, Lemmons, Bledsoe, Young, Geiss, Johnson and Nathan 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;
and to prescribe means of enforcement and penalties for the
violation of the provisions of this act,"
by amending section 1 (MCL 423.201), as amended by 1999 PA 204.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1. (1) As used in this act:
(a) "Bargaining representative" means a labor organization
recognized by an employer or certified by the commission as the
sole and exclusive bargaining representative of certain employees
of the employer.
(b) "Commission" means the employment relations commission
created in section 3 of 1939 PA 176, MCL 423.3.
(c) "Intermediate school district" means that term as defined
in section 4 of the revised school code, 1976 PA 451, MCL 380.4.
(d) "Lockout" means the temporary withholding of work from a
group of employees by means of shutting down the operation of the
employer in order to bring pressure upon the affected employees or
the bargaining representative, or both, to accept the employer's
terms of settlement of a labor dispute.
(e) "Public employee" means a person holding a position by
appointment or employment in the government of this state, in the
government of 1 or more of the political subdivisions of this
state, in the public school service, in a public or special
district, in the service of an authority, commission, or board, or
in any other branch of the public service, subject to the following
exceptions:
(i) Beginning March 31, 1997, a person employed by a private
organization or entity that provides services under a time-limited
contract with the state or a political subdivision of the state is
not an employee of the state or that political subdivision, and is
not a public employee.
(ii) If, within 30 days after the effective date of
the
amendatory
act that added this subparagraph by
April 9, 2000, a
public school employer that is the chief executive officer serving
in a school district of the first class under part 5A of the
revised school code, 1976 PA 451, MCL 380.371 to 380.376, issues an
order determining that it is in the best interests of the school
district,
then a public school administrator employed by a that
school
district that is a school district of the first class under
the
revised school code, 1976 PA 451, MCL 380.1 to 380.1852, is not
a public employee for purposes of this act. The exception under
this subparagraph applies to public school administrators employed
by that school district after the date of the order described in
this subparagraph whether or not the chief executive officer
remains in place in the school district if the school district
either remains a school district of the first class or has at least
60,000 but less than 100,000 pupils in membership. This exception
does not prohibit the chief executive officer or board of a school
district of the first class or of a school district that has at
least 60,000 but less than 100,000 pupils in membership or its
designee from having informal meetings with public school
administrators to discuss wages and working conditions. As used in
this subparagraph, "membership" means that term as defined in the
revised school code, 1976 PA 451, MCL 380.1 to 380.1852.
(f) "Public school academy" means a public school academy or
strict discipline academy organized under the revised school code,
1976 PA 451, MCL 380.1 to 380.1852.
(g) "Public school administrator" means a superintendent,
assistant superintendent, chief business official, principal, or
assistant principal employed by a school district, intermediate
school district, or public school academy.
(h) "Public school employer" means a public employer that is
the board of a school district, intermediate school district, or
public school academy; is the chief executive officer of a school
district in which a school reform board is in place under part 5A
of the revised school code, 1976 PA 451, MCL 380.371 to 380.376; or
is the governing board of a joint endeavor or consortium consisting
of any combination of school districts, intermediate school
districts, or public school academies.
(i) "School district" means that term as defined in section 6
of the revised school code, 1976 PA 451, MCL 380.6, or a local act
school district as defined in section 5 of the revised school code,
1976 PA 451, MCL 380.5.
(j) "Strike" means the concerted failure to report for duty,
the willful absence from one's position, the stoppage of work, or
the abstinence in whole or in part from the full, faithful, and
proper performance of the duties of employment for the purpose of
inducing, influencing, or coercing a change in employment
conditions, compensation, or the rights, privileges, or obligations
of employment. For employees of a public school employer, strike
also includes an action described in this subdivision that is taken
for the purpose of protesting or responding to an act alleged or
determined to be an unfair labor practice committed by the public
school employer.
(2) This act does not limit, impair, or affect the right of a
public employee to the expression or communication of a view,
grievance, complaint, or opinion on any matter related to the
conditions or compensation of public employment or their betterment
as long as the expression or communication does not interfere with
the full, faithful, and proper performance of the duties of
employment.
