Legislative Analysis
Phone: (517) 373-8080
ALLOW INCLUSION OF CERTAIN TOPICS DURING
http://www.house.mi.gov/hfa
COLLECTIVE BARGAINING UNDER PERA
Analysis available at
House Bill 4354 as enacted http://www.legislature.mi.gov
Public Act 115 of 2023
Sponsor: Rep. Regina Weiss
House Committee: Labor
Senate Committee: Labor
Complete to 12-1-23
SUMMARY:
House Bill 4354 amends 1947 PA 336, the public employment relations act (PERA), to permit
the inclusion of certain topics during collective bargaining for public school employees.
Among other excluded topics, PERA previously provided that decisions about the
development, content, standards, procedures, adoption, and implementation of certain subjects
could not be included in collective bargaining negotiations between a public school employer
and a representative of its employees. The impact of those decisions on an individual employee
or the bargaining unit was also a prohibited topic. These restricted subjects were:
• A public school employer’s teacher placement policy.
• A public school employer’s policies regarding personnel decisions when conducting a
reduction, eliminating a position, recalling or hiring employees, or making any related
decisions.
• The performance evaluation system, including decisions concerning the content of a
performance evaluation of an employee.
• The policy regarding the discharge or discipline of a teacher.
• The format, timing, or number of classroom observations.
• The policy regarding the method of compensation, including decisions about how an
employee performance evaluation is used to determine performance-based
compensation.
• The notification to parents and legal guardians required under section 1249a of the
Revised School Code. 1
The following subjects also were prohibited from collective bargaining negotiations:
• A public employer’s decision whether to enter into an intergovernmental agreement to
consolidate services.
• The procedures for obtaining a contract for the transfer of functions or responsibilities
under such an agreement.
• The identities of any other parties subject to the agreement.
Under House Bill 4354, the subjects from both lists are permitted topics.
MCL 423.215
1
This section provides that if a school is unable to comply with the requirement that it cannot assign a student to be
taught in the same subject area for two consecutive years by a teacher who has been rated as ineffective for two
consecutive years, the student’s parent or legal guardian must be notified.
House Fiscal Agency Page 1 of 2
FISCAL IMPACT:
The bill would have an indeterminate, but likely minimal, fiscal impact on local school
districts, intermediate school districts (ISDs), and public school academies (PSAs). Any fiscal
impact for an individual district, ISD, or PSA would be directly related to the assumed costs or
benefits of any new collective bargaining agreement under the provisions of the bill compared
to the prior or alternative status of any collective bargaining agreement that prohibited certain
subjects from being collectively bargained.
Legislative Analyst: Holly Kuhn
Fiscal Analysts: Noel Benson
Jacqueline Mullen
■ This analysis was prepared by nonpartisan House Fiscal Agency staff for use by House members in their
deliberations and does not constitute an official statement of legislative intent.
House Fiscal Agency HB 4354 as enacted Page 2 of 2


Statutes affected:
Substitute (H-1): 423.215
House Introduced Bill: 423.215
As Passed by the House: 423.215
As Passed by the Senate: 423.215
House Concurred Bill: 423.215
Public Act: 423.215
House Enrolled Bill: 423.215