Michigan 2023-2024 Regular Session

Michigan House Bill HB4538

Introduced
5/9/23  

Caption

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).

Notes

Overall, HB 4538 is positioned to modernize labor practices for Michigan's public employees, but it brings about discussions regarding the balance of power between labor organizations and public sector employers, as well as the potential for increased instability within the labor market.

Impact

The introduction of HB 4538 significantly affects the legal landscape governing labor relations among public employees in Michigan. By refining the certification process of labor organizations, it could facilitate more streamlined representation for workers. The bill emphasizes the rights of public employees to seek representation without the need for prolonged negotiation processes. Additionally, it seeks to prevent disputes over representation and makes provisions for elections, which could lead to a more democratic representation process among public sector workers.

Summary

House Bill 4538 seeks to amend the existing laws on collective bargaining for public employees in Michigan by revising sections of the 1947 PA 336 act. This bill aims to streamline the process of certification of exclusive bargaining representatives for public employees by allowing the Michigan Employment Relations Commission to certify labor organizations based on petitions and subsequent hearings. The amendment would enable a group of public employees, or a labor organization on their behalf, to file a petition when they believe that a majority seek representation, which the commission must investigate. If deemed valid, this could lead to the official certification of those representatives.

Contention

However, there are concerns regarding the bill's implications. Critics argue that the reduced complexities in the representation process could weaken existing collective bargaining agreements, especially those already established under previous laws. There are fears that the bill may enable a challenge to established bargaining representatives by lowering the threshold for petitions and elections, which might destabilize existing labor agreements. Furthermore, labor organizations may express apprehension over how these changes could impact their official recognition and bargaining power, stirring significant discussions among stakeholders.

Companion Bills

No companion bills found.

Previously Filed As

MI HB4454

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).

MI HB2764

Collective bargaining by public employees; exclusive bargaining representatives.

MI SB917

Collective bargaining by public employees; exclusive bargaining representatives.

MI SB0791

Labor: collective bargaining; definition of public employee in 1947 PA 336; modify. Amends secs. 1 & 14 of 1947 PA 336 (MCL 423.201 & 423.214).

MI SB374

Collective bargaining by public employees; labor organization representation.

MI HB1001

Collective bargaining by public employees; labor organization representation.

MI HB4582

Labor: collective bargaining; bargaining representatives; require to represent only those public employees who voted for or authorized representation from the bargaining representative. Amends secs. 1, 10 & 11 of 1947 PA 336 (MCL 432.201 et seq.) & adds sec. 11a.

MI SB0185

Labor: collective bargaining; definition of public employee in 1947 PA 336; remove exclusion of certain graduate assistants from. Amends sec. 1 of 1947 PA 336 (MCL 423.201).

MI HB4004

Labor: collective bargaining; requirement for agency fee for nonunion members; allow in bargaining agreements and as condition of employment in public sector. Amends secs. 9, 10 & 15 of 1947 PA 336 (MCL 423.209 et seq.).

MI SB0005

Labor: collective bargaining; requirement for agency fee for nonunion members; allow in bargaining agreements and as condition of employment in public sector. Amends secs. 9, 10 & 15 of 1947 PA 336 (MCL 423.209 et seq.).

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