Bill Text: MI HB5359 | 2009-2010 | 95th Legislature | Introduced

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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

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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.