Bill Text: MI SB0796 | 2017-2018 | 99th Legislature | Engrossed

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Bill Title: Labor; collective bargaining; public employer contracts that pay union officials for time conducting union business; prohibit. Amends sec. 10 of 1947 PA 336 (MCL 423.210).

Spectrum: Partisan Bill (Republican 1-0)

Status: (Engrossed - Dead) 2018-12-06 - Referred To Second Reading [SB0796 Detail]

Download: Michigan-2017-SB0796-Engrossed.html

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SB-0796, As Passed Senate, November 27, 2018

 

 

 

 

 

 

 

 

 

 

 

SUBSTITUTE FOR

 

SENATE BILL NO. 796

 

 

 

 

 

 

 

 

 

 

 

     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 10 (MCL 423.210), as amended by 2014 PA 414.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 10. (1) A public employer or an officer or agent of a

 

public employer shall not do any of the following:

 

     (a) Interfere with, restrain, or coerce public employees in

 

the exercise of their rights guaranteed in section 9.

 

     (b) Initiate, create, dominate, contribute to, or interfere

 

with the formation or administration of any labor organization. A

 

public school employer's use of public school resources to assist a

 

labor organization in collecting dues or service fees from wages of

 

public school employees is a prohibited contribution to the

 

administration of a labor organization. However, a public school

 

employer's collection of dues or service fees pursuant to a

 

collective bargaining agreement that is in effect on March 16, 2012

 

is not prohibited until the agreement expires or is terminated,

 

extended, or renewed. A public employer may permit employees to

 

confer with a labor organization during working hours without loss

 

of time or pay.

 

     (c) Discriminate in regard to hire, terms, or other conditions

 

of employment to encourage or discourage membership in a labor

 

organization.

 

     (d) Discriminate against a public employee because he or she

 

has given testimony or instituted proceedings under this act.

 

     (e) Refuse to bargain collectively with the representatives of

 

its public employees, subject to section 11.

 

     (f) On or after the effective date of the amendatory act that

 

added this subdivision, enter into or renew a bargaining agreement

 

that requires or allows any paid release time for a union officer

 

or bargaining representative to conduct union business if the

 

release time is paid by the public employer. This subdivision does

 

not apply to a bargaining agreement for any of the following:

 

     (i) Employees subject to compulsory arbitration under 1969 PA

 

312, MCL 423.231 to 423.247.

 

     (ii) Corrections officers employed by a county sheriff in a

 

county jail, work camp, or other facility maintained by a county

 

that houses adult prisoners.

     (iii) Corrections officers employed by the department of

 

corrections.

 

     (iv) Employees of a state or local transit authority seeking

 

or receiving federal financial assistance in accordance with 49 USC

 

5333(b).

 

     (2) A labor organization or its agents shall not do any of the

 

following:

 

     (a) Restrain or coerce public employees in the exercise of the

 

rights guaranteed in section 9. This subdivision does not impair

 

the right of a labor organization to prescribe its own rules with

 

respect to the acquisition or retention of membership.

 

     (b) Restrain or coerce a public employer in the selection of

 

its representatives for the purposes of collective bargaining or

 

the adjustment of grievances.

 

     (c) Cause or attempt to cause a public employer to

 

discriminate against a public employee in violation of subsection

 

(1)(c).

 

     (d) Refuse to bargain collectively with a public employer,

 

provided it is the representative of the public employer's

 

employees, subject to section 11.

 

     (3) Except as provided in subsection (4), an individual shall

 

not be required as a condition of obtaining or continuing public

 

employment to do any of the following:

 

     (a) Refrain or resign from membership in, voluntary

 

affiliation with, or voluntary financial support of a labor

 

organization or bargaining representative.

 

     (b) Become or remain a member of a labor organization or

bargaining representative.

 

     (c) Pay any dues, fees, assessments, or other charges or

 

expenses of any kind or amount, or provide anything of value to a

 

labor organization or bargaining representative.

 

     (d) Pay to any charitable organization or third party any

 

amount that is in lieu of, equivalent to, or any portion of dues,

 

fees, assessments, or other charges or expenses required of members

 

of or public employees represented by a labor organization or

 

bargaining representative.

 

     (4) The application of subsection (3) is subject to the

 

following:

 

     (a) Subsection (3) does not apply to any of the following:

 

     (i) A public police or fire department employee or any person

 

who seeks to become employed as a public police or fire department

 

employee as that term is defined under section 2 of 1969 PA 312,

 

MCL 423.232.

 

     (ii) A state police trooper or sergeant who is granted rights

 

under section 5 of article XI of the state constitution of 1963 or

 

any individual who seeks to become employed as a state police

 

trooper or sergeant.

 

     (b) Any person described in subdivision (a), or a labor

 

organization or bargaining representative representing persons

 

described in subdivision (a), and a public employer or this state

 

may agree that all employees in the bargaining unit shall share

 

fairly in the financial support of the labor organization or their

 

exclusive bargaining representative by paying a fee to the labor

 

organization or exclusive bargaining representative that may be

equivalent to the amount of dues uniformly required of members of

 

the labor organization or exclusive bargaining representative.

 

Section 9(2) shall does not be construed to interfere with the

 

right of a public employer or this state and a labor organization

 

or bargaining representative to enter into or lawfully administer

 

such an agreement as it relates to the employees or persons

 

described in subdivision (a).

 

     (c) If any of the exclusions in subdivision (a)(i) or (ii) are

 

found to be invalid by a court, the following apply:

 

     (i) The individuals described in the exclusion found to be

 

invalid shall are no longer be excepted from the application of

 

subsection (3).

 

     (ii) Subdivision (b) does not apply to individuals described

 

in the invalid exclusion.

 

     (5) An agreement, contract, understanding, or practice between

 

or involving a public employer, labor organization, or bargaining

 

representative that violates subsection (3) is unlawful and

 

unenforceable. This subsection applies only to an agreement,

 

contract, understanding, or practice that takes effect or is

 

extended or renewed after March 28, 2013.

 

     (6) The court of appeals has exclusive original jurisdiction

 

over any action challenging the validity of subsection (3), (4), or

 

(5). The court of appeals shall hear the action in an expedited

 

manner.

 

     (7) For fiscal year 2012-2013, $1,000,000.00 is appropriated

 

to the department of licensing and regulatory affairs to be

 

expended to do all of the following regarding 2012 PA 349:

     (a) Respond to public inquiries regarding 2012 PA 349.

 

     (b) Provide the commission with sufficient staff and other

 

resources to implement 2012 PA 349.

 

     (c) Inform public employers, public employees, and labor

 

organizations concerning their rights and responsibilities under

 

2012 PA 349.

 

     (d) Any other purposes that the director of the department of

 

licensing and regulatory affairs determines in his or her

 

discretion are necessary to implement 2012 PA 349.

 

     (8) A person, public employer, or labor organization that

 

violates subsection (3) is liable for a civil fine of not more than

 

$500.00. A civil fine recovered under this section shall must be

 

submitted to the state treasurer for deposit in the general fund of

 

this state.

 

     (9) By July 1 of each year, each exclusive bargaining

 

representative that represents public employees in this state shall

 

have an independent examiner verify the exclusive bargaining

 

representative's calculation of all expenditures attributed to the

 

costs of collective bargaining, contract administration, and

 

grievance adjustment during the prior calendar year and shall file

 

that verification with the commission. The commission shall make

 

the exclusive bargaining representative's calculations available to

 

the public on the commission's website. The exclusive bargaining

 

representative shall also file a declaration identifying the local

 

bargaining units that are represented. Local bargaining units

 

identified in the declaration filed by the exclusive bargaining

 

representative are not required to file a separate calculation of

all expenditures attributed to the costs of collective bargaining,

 

contract administration, and grievance adjustment. For fiscal year

 

2011-2012, $100,000.00 is appropriated to the commission for the

 

costs of implementing this subsection. For fiscal year 2014-2015,

 

$100,000.00 is appropriated to the commission for the costs of

 

implementing this subsection.

 

     (10) Except for actions required to be brought under

 

subsection (6), a person who suffers an injury as a result of a

 

violation or threatened violation of subsection (3) may bring a

 

civil action for damages, injunctive relief, or both. In addition,

 

a court shall award court costs and reasonable attorney fees to a

 

plaintiff who prevails in an action brought under this subsection.

 

Remedies provided in this subsection are independent of and in

 

addition to other penalties and remedies prescribed by this act.

 

     (11) As used in this section, "release time" means any of the

 

following as defined in section 4 of the public school employees

 

retirement act of 1979, 1980 PA 300, MCL 38.1304, or any other type

 

of released time:

 

     (a) Employee organization professional services leave.

 

     (b) Professional services leave.

 

     (c) Employee organization professional services released time.

 

     (d) Professional services released time.

 

     Enacting section 1. This amendatory act takes effect 90 days

 

after the date it is enacted into law.