Bill Text: MI HB4917 | 2009-2010 | 95th Legislature | Introduced
Bill Title: Labor; public service labor disputes; membership of board of trustees of police and fire retirement system; make a prohibited subject of bargaining. Amends sec. 15 of 1947 PA 336 (MCL 423.215).
Spectrum: Partisan Bill (Democrat 13-0)
Status: (Vetoed) 2010-12-29 - Vetoed By The Governor 12/21/2010 [HB4917 Detail]
Download: Michigan-2009-HB4917-Introduced.html
HOUSE BILL No. 4917
May 12, 2009, Introduced by Reps. Durhal, Bettie Scott, Constan, Huckleberry, Johnson, Nathan, Liss, Slezak, Slavens, Haugh, Kennedy, Kandrevas and Melton and referred to the Committee on Labor.
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 15 (MCL 423.215), as amended by 1994 PA 112.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 15. (1) A public employer shall bargain collectively with
the
representatives of its employees as defined indicated in
section 11 and is authorized to make and enter into collective
bargaining
agreements with such those
representatives. Except as
otherwise provided in this section, for the purposes of this
section,
to bargain collectively is the performance of to perform
the mutual obligation of the employer and the representative of the
employees to meet at reasonable times and confer in good faith with
respect to wages, hours, and other terms and conditions of
employment,
or the negotiation of to
negotiate an agreement, or any
question
arising under the agreement, and the execution of to
execute a written contract, ordinance, or resolution incorporating
any agreement reached if requested by either party, but this
obligation does not compel either party to agree to a proposal or
require
the making of make a concession.
(2) A public school employer has the responsibility,
authority, and right to manage and direct on behalf of the public
the operations and activities of the public schools under its
control.
(3) Collective bargaining between a public school employer and
a bargaining representative of its employees shall not include any
of the following subjects:
(a) Who is or will be the policyholder of an employee group
insurance benefit. This subdivision does not affect the duty to
bargain with respect to types and levels of benefits and coverages
for employee group insurance. A change or proposed change in a type
or to a level of benefit, policy specification, or coverage for
employee group insurance shall be bargained by the public school
employer and the bargaining representative before the change may
take effect.
(b) Establishment of the starting day for the school year and
of the amount of pupil contact time required to receive full state
school
aid under section 1284 of the school code of 1976, Act No.
451
of the Public Acts of 1976, being section 380.1284 of the
Michigan Compiled Laws revised school code, 1976 PA 451, MCL
380.1284, and under section 101 of the state school aid act of
1979,
Act No. 94 of the Public Acts of 1979, being section 388.1701
of
the Michigan Compiled Laws 1979 PA 94, MCL 388.1701.
(c)
Composition of site-based decision-making bodies
established
pursuant to section 1202a of Act No. 451 of the Public
Acts
of 1976, being section 380.1202a of the Michigan Compiled
Laws,
or of school improvement committees
established under section
1277
of Act No. 451 of the Public Acts of 1976, being section
380.1277
of the Michigan Compiled Laws the revised school code,
1976 PA 451, MCL 380.1277.
(d) The decision of whether or not to provide or allow
interdistrict or intradistrict open enrollment opportunity in a
school district or of which grade levels or schools in which to
allow such an open enrollment opportunity.
(e) The decision of whether or not to act as an authorizing
body to grant a contract to organize and operate 1 or more public
school
academies under part 6a of Act No. 451 of the Public Acts of
1976,
being sections 380.501 to 380.507 of the Michigan Compiled
Laws
the revised school code, 1976
PA 451, MCL 380.501 to 380.507,
or the granting of a leave of absence to an employee of a school
district to participate in a public school academy.
(f) The decision of whether or not to contract with a third
party for 1 or more noninstructional support services; or the
procedures for obtaining the contract; or the identity of the third
party; or the impact of the contract on individual employees or the
bargaining unit.
(g) The use of volunteers in providing services at its
schools.
(h) Decisions concerning use of experimental or pilot programs
and staffing of experimental or pilot programs and decisions
concerning use of technology to deliver educational programs and
services and staffing to provide the technology, or the impact of
these decisions on individual employees or the bargaining unit.
(i) Any compensation or additional work assignment intended to
reimburse an employee for or allow an employee to recover any
monetary penalty imposed under this act.
(4) The matters described in subsection (3) are prohibited
subjects of bargaining between a public school employer and a
bargaining representative of its employees, and, for the purposes
of this act, are within the sole authority of the public school
employer to decide.
(5) If collective bargaining between a city with a population
of 500,000 or more and its police or firefighting employees results
in a requirement that the board of trustees of the police or
firefighters' pension or retirement system include 1 or more
representatives of members of the pension or retirement system or
of the collective bargaining unit, the method of selection of those
representatives is a prohibited subject of bargaining. The
retirement board or pension board shall adopt rules and regulations
to govern the election of those representatives. The rules shall
provide that the representatives shall be elected by a majority
vote of all active and retired members of the police or fire
department who are active or retired members of the pension or
retirement system and assure that each of the retired or active
members has an equal vote. Retired members of the pension or
retirement system shall have no right to nominate candidates to the
pension or retirement board, although they shall have the right to
vote on the candidates nominated by the active members. This
subsection applies to a collective bargaining agreement or an
extension of an existing collective bargaining agreement that takes
effect on or after the date that this subsection takes effect.
