Bill Text: MI HB4538 | 2023-2024 | 102nd Legislature | Introduced
Bill Title: Labor: collective bargaining; exclusive bargaining representative of public employees; allow the commission to certify labor organization as based on petition and hearing. Amends secs. 12 & 14 of 1947 PA 336 (MCL 423.212 & 423.214).
Spectrum: Partisan Bill (Democrat 15-0)
Status: (Introduced) 2023-05-10 - Bill Electronically Reproduced 05/09/2023 [HB4538 Detail]
Download: Michigan-2023-HB4538-Introduced.html
HOUSE BILL NO. 4538
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 sections 12 and 14 (MCL 423.212 and 423.214), section 14 as amended by 2012 PA 349.
the people of the state of michigan enact:
Sec. 12. (1) When If a public employee or group of public employees, or an individual or labor organization acting on their behalf, files a petition with the commission in accordance with the rules promulgated by the commission that alleges that more than 50% of the public employees within a unit claimed to be appropriate for the purpose of collective bargaining wish to be represented for collective bargaining, the commission shall investigate the petition. If, after the commission completes the investigation, the commission has reasonable cause to believe that a question of representation exists, the commission shall provide an appropriate hearing after due notice. If, based on the record of a hearing conducted under this subsection, the commission determines that more than 50% of the public employees within a unit appropriate for the purpose of collective bargaining wish to be represented for collective bargaining, the commission shall certify the representative as the exclusive bargaining representative as described in section 11.
(2) If the commission receives a petition is filed , by either of the following in accordance with the rules promulgated by the commission, the commission shall investigate the petition and, if the commission has reasonable cause to believe that a question of representation exists, provide an appropriate hearing after due notice:
(a) By a A public employee or group of public employees, or an individual or labor organization acting in on their behalf, alleging that 30% or more of the public employees within a unit claimed to be appropriate for such the purpose of collective bargaining wish to be represented for collective bargaining and that their public employer declines to recognize their representative as the representative defined described in section 11, or assert asserting that the individual or labor organization, which is certified or is being currently recognized by their public employer as the bargaining representative, is no longer a representative as defined in section 11. ; or
(b) By a A public employer or his the public employer's representative alleging that 1 or more individuals or labor organizations have presented to him the public employer a claim to be recognized as the representative defined described in section 11. ;
(3) The commission shall investigate the petition and, if it has reasonable cause to believe that a question of representation exists, shall provide an appropriate hearing after due notice. If, the commission finds upon based on the record of the a hearing conducted under subsection (2), the commission determines that such a question of representation exists, it the commission shall direct an election by secret ballot and shall certify the results thereof. Nothing in this of the election. This section shall be construed to does not prohibit the waiving of hearings by stipulation for the purpose of a consent election in conformity accordance with the rules of promulgated by the commission.
Sec. 14. (1) An election shall must not be directed in any bargaining unit or any subdivision within which, in the preceding 12-month period, a valid election was held or a bargaining representative was certified under section 12(1). The commission shall determine who is eligible to vote in the election and shall promulgate rules governing the election. In For an election involving that involves more than 2 choices, if none of the choices on the ballot receives a majority vote, a runoff election shall must be conducted between the 2 choices receiving the 2 largest numbers of valid votes cast in the election. An election shall must not be directed in any bargaining unit or subdivision of any bargaining unit if there is in force and effect a valid collective bargaining agreement that was not prematurely extended and that is of fixed duration. A However, the existence of a valid collective bargaining agreement that was not prematurely extended and that is of fixed duration does not bar an election upon the petition of persons not parties to the collective bargaining agreement if more than 3 years have elapsed since the agreement's execution or last timely renewal, whichever was later.
(2) An election shall must not be directed for, and the commission or a public employer shall not recognize, a bargaining unit of a public employer consisting of individuals who are not public employees. A bargaining unit that is formed or recognized in violation of this subsection is invalid and void.
