Bill Text: MI HB6077 | 2015-2016 | 98th Legislature | Introduced
Bill Title: Labor; collective bargaining; certain retirement plan and retirement health care plan terms; make prohibited subjects of bargaining for local public employees. Amends secs. 1a & 15 of 1947 PA 336 (MCL 423.201a & 423.215). TIE BAR WITH: HB 6074'16
Spectrum: Partisan Bill (Republican 3-0)
Status: (Introduced - Dead) 2016-12-01 - Bill Electronically Reproduced 11/30/2016 [HB6077 Detail]
Download: Michigan-2015-HB6077-Introduced.html
HOUSE BILL No. 6077
November 30, 2016, Introduced by Reps. Nesbitt, Poleski and Somerville and referred to the Committee on Local Government.
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 1a and 15 (MCL 423.201a and 423.215), section
1a as added by 2011 PA 259 and section 15 as amended by 2014 PA
414.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
1a. The provisions of this This
act are is subject
to all
of the following:
(a) The municipal partnership act, 2011 PA 258, MCL 124.111 to
124.123.
(b) 1967 (Ex Sess) PA 8, MCL 124.531 to 124.536.
(c) The urban cooperation act of 1967, 1967 (Ex Sess) PA 7,
MCL 124.501 to 124.512.
(d) 1988 PA 57, MCL 124.601 to 124.614.
(e) The local unit of government retirement act.
Sec. 15. (1) A public employer shall bargain collectively with
the representatives of its employees as described in section 11 and
may make and enter into collective bargaining agreements with those
representatives. Except as otherwise provided in this section, for
the purposes of this section, to bargain collectively is 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 to negotiate an agreement, or any question arising
under the agreement, and 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 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 revised school code, 1976 PA
451, MCL 380.1284, and under section 101 of the state school aid
act of 1979, 1979 PA 94, MCL 388.1701.
(c) The composition of school improvement committees
established under section 1277 of 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 the selection of grade levels or schools in
which to allow 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 the revised school code, 1976 PA 451, MCL
380.1 to 380.1852.
(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 for noninstructional support
services other than bidding described in this subdivision; or the
identity of the third party; or the impact of the contract for
noninstructional support services on individual employees or the
bargaining unit. However, this subdivision applies only if the
bargaining unit that is providing the noninstructional support
services is given an opportunity to bid on the contract for the
noninstructional support services on an equal basis as other
bidders.
(g) The use of volunteers in providing services at its
schools.
(h) Decisions concerning use and staffing of experimental or
pilot programs and decisions concerning use of technology to
deliver educational programs and services and staffing to provide
that technology, or the impact of those 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.
(j) Any decision made by the public school employer regarding
teacher placement, or the impact of that decision on an individual
employee or the bargaining unit.
(k) Decisions about the development, content, standards,
procedures, adoption, and implementation of the public school
employer's policies regarding personnel decisions when conducting a
staffing or program reduction or any other personnel determination
resulting in the elimination of a position, when conducting a
recall from a staffing or program reduction or any other personnel
determination resulting in the elimination of a position, or in
hiring after a staffing or program reduction or any other personnel
determination resulting in the elimination of a position, as
provided under section 1248 of the revised school code, 1976 PA
451, MCL 380.1248, any decision made by the public school employer
pursuant to those policies, or the impact of those decisions on an
individual employee or the bargaining unit.
(l) Decisions about the development, content, standards,
procedures, adoption, and implementation of a public school
employer's performance evaluation system adopted under section 1249
of the revised school code, 1976 PA 451, MCL 380.1249, or under
1937 (Ex Sess) PA 4, MCL 38.71 to 38.191, decisions concerning the
content of a performance evaluation of an employee under those
provisions of law, or the impact of those decisions on an
individual employee or the bargaining unit.
(m) For public employees whose employment is regulated by 1937
(Ex Sess) PA 4, MCL 38.71 to 38.191, decisions about the
development, content, standards, procedures, adoption, and
implementation of a policy regarding discharge or discipline of an
employee, decisions concerning the discharge or discipline of an
individual employee, or the impact of those decisions on an
individual employee or the bargaining unit. For public employees
whose employment is regulated by 1937 (Ex Sess) PA 4, MCL 38.71 to
38.191, a public school employer shall not adopt, implement, or
maintain a policy for discharge or discipline of an employee that
includes a standard for discharge or discipline that is different
than the arbitrary and capricious standard provided under section 1
of article IV of 1937 (Ex Sess) PA 4, MCL 38.101.
(n) Decisions about the format, timing, or number of classroom
observations conducted for the purposes of section 3a of article II
of 1937 (Ex Sess) PA 4, MCL 38.83a, decisions concerning the
classroom observation of an individual employee, or the impact of
those decisions on an individual employee or the bargaining unit.
(o) Decisions about the development, content, standards,
procedures, adoption, and implementation of the method of
compensation required under section 1250 of the revised school
code, 1976 PA 451, MCL 380.1250, decisions about how an employee
performance evaluation is used to determine performance-based
compensation under section 1250 of the revised school code, 1976 PA
451, MCL 380.1250, decisions concerning the performance-based
compensation of an individual employee, or the impact of those
decisions on an individual employee or the bargaining unit.
(p) Decisions about the development, format, content, and
procedures of the notification to parents and legal guardians
required under section 1249a of the revised school code, 1976 PA
451, MCL 380.1249a.
(q) Any requirement that would violate section 10(3).
(4) Except as otherwise provided in subsection (3)(f), 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 a public school is placed in the state school
reform/redesign school district or is placed under a chief
executive officer under section 1280c of the revised school code,
1976 PA 451, MCL 380.1280c, then, for the purposes of collective
bargaining under this act, the state school reform/redesign officer
or the chief executive officer, as applicable, is the public school
employer of the public school employees of that public school for
as long as the public school is part of the state school
reform/redesign school district or operated by the chief executive
officer.
(6) A public school employer's collective bargaining duty
under this act and a collective bargaining agreement entered into
by a public school employer under this act are subject to all of
the following:
(a) Any effect on collective bargaining and any modification
of a collective bargaining agreement occurring under section 1280c
of the revised school code, 1976 PA 451, MCL 380.1280c.
(b) For a public school in which the superintendent of public
instruction implements 1 of the 4 school intervention models
described in section 1280c of the revised school code, 1976 PA 451,
MCL 380.1280c, if the school intervention model that is implemented
affects collective bargaining or requires modification of a
collective bargaining agreement, any effect on collective
bargaining and any modification of a collective bargaining
agreement under that school intervention model.
(7) Each collective bargaining agreement entered into between
a public employer and public employees under this act on or after
March 28, 2013 shall include a provision that allows an emergency
manager appointed under the local financial stability and choice
act, 2012 PA 436, MCL 141.1541 to 141.1575, to reject, modify, or
terminate the collective bargaining agreement as provided in the
local financial stability and choice act, 2012 PA 436, MCL 141.1541
to 141.1575. Provisions required by this subsection are prohibited
subjects of bargaining under this act.
(8) Collective bargaining agreements under this act may be
rejected, modified, or terminated pursuant to the local financial
stability and choice act, 2012 PA 436, MCL 141.1541 to 141.1575.
This act does not confer a right to bargain that would infringe on
the exercise of powers under the local financial stability and
choice act, 2012 PA 436, MCL 141.1541 to 141.1575.
(9) A unit of local government that enters into a consent
agreement under the local financial stability and choice act, 2012
PA 436, MCL 141.1541 to 141.1575, is not subject to subsection (1)
for the term of the consent agreement, as provided in the local
financial stability and choice act, 2012 PA 436, MCL 141.1541 to
141.1575.
(10) If the charter of a city, village, or township with a
population of 500,000 or more requires and specifies the method of
selection of a retirant member of the municipality's fire
department, police department, or fire and police department
pension or retirement board, the inclusion of the retirant member
on the board and the method of selection of that retirant member
are prohibited subjects of collective bargaining, and any provision
in a collective bargaining agreement that purports to modify that
charter requirement is void and of no effect.
(11) The following are prohibited subjects of bargaining and
are at the sole discretion of the public employer:
(a) A decision as to whether or not the public employer will
enter into an intergovernmental agreement to consolidate 1 or more
functions or services, to jointly perform 1 or more functions or
services, or to otherwise collaborate regarding 1 or more functions
or services.
(b) The procedures for obtaining a contract for the transfer
of functions or responsibilities under an agreement described in
subdivision (a).
(c) The identities of any other parties to an agreement
described in subdivision (a).
(12) Subsection (11) does not relieve a public employer of any
duty established by law to collectively bargain with its employees
as to the effect of a contract described in subsection (11)(a) on
its employees.
(13) An agreement with a collective bargaining unit shall not
require a public employer to pay the costs of an independent
examiner verification described in section 10(9).
(14) For a collective bargaining agreement that a local unit
of government enters into, renews, or modifies after January 1,
2017, the establishment or continuation of an employee retirement
health care plan or retiree tax-deferred health savings account
plan and the terms of any such plan are prohibited subjects of
bargaining. As used in this subsection, "local unit of government"
means that term as defined in the local unit of government
retirement act.
Enacting section 1. This amendatory act does not take effect
unless Senate Bill No.____ or House Bill No. 6074 (request no.
06264'16) of the 98th Legislature is enacted into law.
