| 1 | | - | Act No. 237 Public Acts of 2023 Approved by the Governor November 29, 2023 Filed with the Secretary of State November 30, 2023 EFFECTIVE DATE: February 13, 2024 state of michigan 102nd Legislature Regular session of 2023 Introduced by Senators Irwin, Geiss, Polehanki, Moss and Chang ENROLLED SENATE BILL No. 185 AN ACT 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 section 1 (MCL 423.201), as amended by 2014 PA 414. 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 shutting down the operation of the employer to bring pressure upon the affected employees or the bargaining representative, or both, to accept the employers terms of settlement of a labor dispute. (e) Public employee means, except as otherwise provided in subdivisions (f) and (g), an individual 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. Public employee includes an individual serving as a graduate student research assistant or in an equivalent position. (f) An individual employed by a private organization or entity who provides services under a time-limited contract with this state or a political subdivision of this state or who receives a direct or indirect government subsidy in the individuals private employment is not an employee of this state or that political subdivision, and is not a public employee. This provision supersedes any interlocal agreement, memorandum of understanding, memorandum of commitment, or other document similar to these. (g) A student participating in intercollegiate athletics on behalf of a public university in this state is not a public employee entitled to representation or collective bargaining rights under this act. (h) 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. (i) Public school employer means a public employer that is any of the following: (i) The board of a school district, an intermediate school district, or a public school academy. (ii) The governing board of a joint endeavor or consortium consisting of any combination of school districts, intermediate school districts, or public school academies. (j) 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. (k) Strike means the concerted failure to report for duty, the willful absence from ones 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. Secretary of the Senate Clerk of the House of Representatives Approved___________________________________________ ____________________________________________________ Governor |
|---|
| 1 | + | state of michigan 102nd Legislature Regular session of 2023 Introduced by Senators Irwin, Geiss, Polehanki, Moss and Chang ENROLLED SENATE BILL No. 185 AN ACT 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 section 1 (MCL 423.201), as amended by 2014 PA 414. 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 shutting down the operation of the employer to bring pressure upon the affected employees or the bargaining representative, or both, to accept the employers terms of settlement of a labor dispute. (e) Public employee means, except as otherwise provided in subdivisions (f) and (g), an individual 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. Public employee includes an individual serving as a graduate student research assistant or in an equivalent position. (f) An individual employed by a private organization or entity who provides services under a time-limited contract with this state or a political subdivision of this state or who receives a direct or indirect government subsidy in the individuals private employment is not an employee of this state or that political subdivision, and is not a public employee. This provision supersedes any interlocal agreement, memorandum of understanding, memorandum of commitment, or other document similar to these. (g) A student participating in intercollegiate athletics on behalf of a public university in this state is not a public employee entitled to representation or collective bargaining rights under this act. (h) 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. (i) Public school employer means a public employer that is any of the following: (i) The board of a school district, an intermediate school district, or a public school academy. (ii) The governing board of a joint endeavor or consortium consisting of any combination of school districts, intermediate school districts, or public school academies. (j) 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. (k) Strike means the concerted failure to report for duty, the willful absence from ones 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. Secretary of the Senate Clerk of the House of Representatives Approved___________________________________________ ____________________________________________________ Governor |
|---|
| 16 | 14 | | |
|---|
| 17 | 15 | | |
|---|
| 18 | 16 | | |
|---|
| 19 | 17 | | state of michigan |
|---|
| 20 | 18 | | |
|---|
| 21 | 19 | | 102nd Legislature |
|---|
| 22 | 20 | | |
|---|
| 23 | 21 | | Regular session of 2023 |
|---|
| 24 | 22 | | |
|---|
| 25 | 23 | | Introduced by Senators Irwin, Geiss, Polehanki, Moss and Chang |
|---|
| 26 | 24 | | |
|---|
| 27 | 25 | | ENROLLED SENATE BILL No. 185 |
|---|
| 28 | 26 | | |
|---|
| 29 | 27 | | AN ACT 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 section 1 (MCL 423.201), as amended by 2014 PA 414. |
|---|
| 30 | 28 | | |
|---|
| 31 | 29 | | The People of the State of Michigan enact: |
|---|
| 32 | 30 | | |
|---|
| 33 | 31 | | Sec. 1. (1) As used in this act: |
|---|
| 34 | 32 | | |
|---|
| 35 | 33 | | (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. |
|---|
| 36 | 34 | | |
|---|
| 37 | 35 | | (b) Commission means the employment relations commission created in section 3 of 1939 PA 176, MCL 423.3. |
|---|
| 38 | 36 | | |
|---|
| 39 | 37 | | (c) Intermediate school district means that term as defined in section 4 of the revised school code, 1976 PA 451, MCL 380.4. |
|---|
| 40 | 38 | | |
|---|
| 41 | 39 | | (d) Lockout means the temporary withholding of work from a group of employees by shutting down the operation of the employer to bring pressure upon the affected employees or the bargaining representative, or both, to accept the employers terms of settlement of a labor dispute. |
|---|
| 42 | 40 | | |
|---|
| 43 | 41 | | (e) Public employee means, except as otherwise provided in subdivisions (f) and (g), an individual 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. Public employee includes an individual serving as a graduate student research assistant or in an equivalent position. |
|---|
| 44 | 42 | | |
|---|
| 45 | 43 | | (f) An individual employed by a private organization or entity who provides services under a time-limited contract with this state or a political subdivision of this state or who receives a direct or indirect government subsidy in the individuals private employment is not an employee of this state or that political subdivision, and is not a public employee. This provision supersedes any interlocal agreement, memorandum of understanding, memorandum of commitment, or other document similar to these. |
|---|
| 46 | 44 | | |
|---|
| 47 | 45 | | (g) A student participating in intercollegiate athletics on behalf of a public university in this state is not a public employee entitled to representation or collective bargaining rights under this act. |
|---|
| 48 | 46 | | |
|---|
| 49 | 47 | | (h) 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. |
|---|
| 50 | 48 | | |
|---|
| 51 | 49 | | (i) Public school employer means a public employer that is any of the following: |
|---|
| 52 | 50 | | |
|---|
| 53 | 51 | | (i) The board of a school district, an intermediate school district, or a public school academy. |
|---|
| 54 | 52 | | |
|---|
| 55 | 53 | | (ii) The governing board of a joint endeavor or consortium consisting of any combination of school districts, intermediate school districts, or public school academies. |
|---|
| 56 | 54 | | |
|---|
| 57 | 55 | | (j) 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. |
|---|
| 58 | 56 | | |
|---|
| 59 | 57 | | (k) Strike means the concerted failure to report for duty, the willful absence from ones 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. |
|---|
| 60 | 58 | | |
|---|
| 61 | 59 | | (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. |
|---|
| 62 | 60 | | |
|---|
| 63 | 61 | | |
|---|
| 64 | 62 | | |
|---|
| 65 | 63 | | |
|---|
| 66 | 64 | | |
|---|
| 67 | 65 | | |
|---|
| 68 | 66 | | |
|---|
| 69 | 67 | | Secretary of the Senate |
|---|
| 70 | 68 | | |
|---|
| 71 | 69 | | |
|---|
| 72 | 70 | | |
|---|
| 73 | 71 | | |
|---|
| 74 | 72 | | |
|---|
| 75 | 73 | | Clerk of the House of Representatives |
|---|
| 76 | 74 | | |
|---|
| 77 | 75 | | Approved___________________________________________ |
|---|
| 78 | 76 | | |
|---|
| 79 | 77 | | ____________________________________________________ |
|---|
| 80 | 78 | | |
|---|
| 81 | 79 | | Governor |
|---|