Bill Text: MI SB1179 | 2009-2010 | 95th Legislature | Introduced

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Bill Title: Labor; public service employment; definition of public employee; clarify regarding persons who receive payments from child care subsidies. Amends secs. 1 & 14 of 1947 PA 336 (MCL 423.201 & 423.214).

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2010-04-22 - Referred To Committee Of The Whole With Substitute S-1 [SB1179 Detail]

Download: Michigan-2009-SB1179-Introduced.html

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SENATE BILL No. 1179

 

 

February 25, 2010, Introduced by Senator JANSEN and referred to the Committee on Families and Human Services.

 

 

 

     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 sections 1 and 14 (MCL 423.201 and 423.214), section 1

 

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 who provides services under a time-

 

limited contract with the this state or a political subdivision of

 

the this state or who receives a direct or indirect government

 

subsidy is not an employee of the this 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, If 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 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. This exception does not prohibit the

 

chief executive officer or board of a school district of the first

 

class or its designee from having informal meetings with public

 

school administrators to discuss wages and working conditions.

 

     (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.

 

     Sec. 14. (1) An election shall not be directed in any

 

bargaining unit or any subdivision within which, in the preceding

 

12-month period, a valid election was held. The commission shall

 

determine who is eligible to vote in the election and shall

 

promulgate rules governing the election. In an election involving

 

more than 2 choices, where none of the choices on the ballot

 

receives a majority vote, a runoff election shall be conducted

 

between the 2 choices receiving the 2 largest numbers of valid

 

votes cast in the election. An election shall not be directed in

 

any bargaining unit or subdivision thereof where there is in force

 

and effect a valid collective bargaining agreement which was not

 

prematurely extended and which is of fixed duration. A collective

 

bargaining agreement shall not bar an election upon the petition of

 

persons not parties thereto where more than 3 years have elapsed

 

since the agreement's execution or last timely renewal, whichever

 

was later.

 

     (2) An election shall not be directed on a question of

 

representation for, and the commission or a public employer shall

 

not recognize, a bargaining unit under this act that consists of

 

individuals who are not public employees. A bargaining unit that is

 

formed or recognized in violation of this subsection is invalid and

 

void.

 

     Enacting section 1. This amendatory act is curative, reflects

 

the original intent of the legislature, and is retroactive.