Bill Summary – FastDemocracy

HOUSE BILL NO. 5677
     April 25, 2024, Introduced by Reps. Beeler, Kuhn, Maddock, Schuette, Hall, Outman, BeGole,
       Borton, Kunse, DeBoyer, Rigas, Harris, Markkanen, Wozniak, Smit, Carra, Zorn, Alexander,
       Bierlein, Paquette, Bezotte, VanderWall, Fox, Martin and Beson and referred to the Committee
       on Government Operations.
          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 9, 10, and 15 (MCL 423.209, 423.210, and
215), section 9 as amended by 2023 PA 9, section 10 as amended
    by 2023 PA 114, and section 15 as amended by 2023 PA 143.
                      THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
       Sec. 9. (1) Public employees may organize do any of the
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 following:
       (a) Organize together or form, join, or assist in labor
 organizations; engage in lawful concerted activities for the
 purpose of collective negotiation or bargaining or other mutual aid
 and protection; or negotiate or bargain collectively with their
 public employers through representatives of their own free choice.
       (b) Refrain from any or all of the activities identified in
 subdivision (a).
       (2) A person shall not by force, intimidation, or unlawful
 threats compel or attempt to compel a public employee to do any of
 the following:
       (a) Become or remain a member of a labor organization or
 bargaining representative or otherwise affiliate with or
 financially support a labor organization or bargaining
 representative.
       (b) Refrain from engaging in employment or refrain from
 joining a labor organization or bargaining representative or
 otherwise affiliating with or financially supporting a labor
 organization or bargaining representative.
       (c) Pay to any charitable organization or third party an
 amount that is in lieu of, equivalent to, or any portion of dues,
 fees, assessments, or other charges or expenses required of members
 of or public employees represented by a labor organization or
 bargaining representative.
       (d) Pay the costs of an independent examiner verification as
 described in section 10(9).
       (3) A person who violates subsection (2) is subject to a civil
 fine of not more than $500.00. The prosecutor of the county in
 which the violation occurred or the attorney general may bring an
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 action to collect the fine. A fine collected under this subsection
 must be deposited in the general fund.
        Sec. 10. (1) A public employer or an officer or agent of a
 public employer shall not do any of the following:
        (a) Interfere with, restrain, or coerce public employees in
 the exercise of their rights guaranteed in section 9.
        (b) Initiate, create, dominate, contribute to, or interfere
 with the formation or administration of a labor organization. A
 public employer may allow employees to confer with a labor
 organization during working hours without loss of time or pay.
        (c) Discriminate in regard to hiring, terms, or other
 conditions of employment to encourage or discourage membership in a
 labor organization. However, this act or any other law of this
 state does not preclude a public employer from making an agreement
 with an exclusive bargaining representative as described in section
 11 to require as a condition of employment that all other employees
 in the bargaining unit pay to the exclusive bargaining
 representative a service fee equivalent to the amount of dues
 uniformly required of members of the exclusive bargaining
 representative.
        (d) Discriminate against a public employee because the public
 employee has given testimony or instituted proceedings under this
 act.
        (e) Refuse to bargain collectively with the representatives of
 its public employees, subject to section 11.
        (2) It is the purpose of 1973 PA 25 to reaffirm the continuing
 public policy of this state that the stability and effectiveness of
 labor relations in the public sector require, if the requirement is
 negotiated with the public employer, that all other employees in
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 the bargaining unit share fairly in the financial support of their
 exclusive bargaining representative by paying to the exclusive
 bargaining representative a service fee that may be equivalent to
 the amount of dues uniformly required of members of the exclusive
 bargaining representative.
       (2) (3) A labor organization or its agents shall not do any of
 the following:
       (a) Restrain or coerce public employees in the exercise of the
 rights guaranteed in section 9. This subdivision does not impair
 the right of a labor organization to prescribe its own rules with
 respect to the acquisition or retention of membership.
       (b) Restrain or coerce a public employer in the selection of
 its representatives for the purposes of collective bargaining or
 the adjustment of grievances.
       (c) Cause or attempt to cause a public employer to
 discriminate against a public employee in violation of subsection
 (1)(c).
       (d) Refuse to bargain collectively with a public employer, if
 it the labor organization is the representative of the public
 employer's employees, subject to section 11.
       (3) Except as provided in subsection (4), an individual must
 not be required as a condition of obtaining or continuing public
 employment to do any of the following:
       (a) Refrain or resign from membership in, voluntary
 affiliation with, or voluntary financial support of a labor
 organization or bargaining representative.
       (b) Become or remain a member of a labor organization or
 bargaining representative.
       (c) Pay any dues, fees, assessments, or other charges or
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 expenses of any kind or amount, or provide anything of value to a
 labor organization or bargaining representative.
       (d) Pay to any charitable organization or third party any
 amount that is in lieu of, equivalent to, or any portion of dues,
 fees, assessments, or other charges or expenses required of members
 of or public employees represented by a labor organization or
 bargaining representative.
       (4) The application of subsection (3) is subject to the
 following:
       (a) Subsection (3) does not apply to any of the following:
       (i) A public police or fire department employee or an
 individual who seeks to become employed as a public police or fire
 department employee as that term is defined under section 2 of 1969
 PA 312, MCL 423.232.
       (ii) A state police trooper or sergeant who is granted rights
 under section 5 of article XI of the state constitution of 1963 or
 an individual who seeks to become employed as a state police
 trooper or sergeant.
       (b) An individual described in subdivision (a), or a labor
 organization or bargaining representative that represents
 individuals described in subdivision (a), and a public employer or
 this state may enter into an agreement that requires all employees
 in the bargaining unit to share fairly in the financial support of
 the labor organization or their exclusive bargaining representative
 by paying a fee to the labor organization or exclusive bargaining
 representative that may be equivalent to the amount of dues
 uniformly required of members of the labor organization or
 exclusive bargaining representative. Section 9(2) must not be
 construed to interfere with the right of a public employer or this
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 state and a labor organization or bargaining representative to
 enter into or lawfully administer the agreement as it relates to
 the employees or individuals described in subdivision (a).
        (c) If any of the exclusions in subdivision (a)(i) or (ii) are
 found to be invalid by a court, the following apply:
        (i) The individuals described in the exclusion found to be
 invalid are no longer excepted from the application of subsection
 (3).
        (ii) Subdivision (b) does not apply to individuals described in
 the invalid exclusion.
        (5) An agreement, contract, understanding, or practice between
 or involving a public employer, labor organization, or bargaining
 representative that violates subsection (3) is unlawful and
 unenforceable. This subsection applies to an agreement, contract,
 understanding, or practice that takes effect or is extended or
 renewed after the effective date of the amendatory act that added
 this sentence.
        (6) The court of appeals has exclusive original jurisdiction
 over any action challenging the validity of subsection (3), (4), or
 (5). The court of appeals shall hear the action in an expedited
 manner.
        (7) A person, public employer, or labor organization that
 violates subsection (3) is subject to a civil fine of not more than
 $500.00. The prosecutor of the county in which the violation
 occurred or the attorney general may bring an action to collect the
 fine. A fine collected under this subsection must be deposited in
 the general fund.
        (8) (4) By July 1 of each year, each exclusive bargaining
 representative that represents public employees in this state shall
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 have an independent examiner verify the exclusive bargaining
 representative's calculation of all expenditures attributed to the
 costs of collective bargaining, contract administration, and
 grievance adjustment during the prior calendar year and shall file
 that verification with the commission. The commission shall make
 the exclusive bargaining representative's calculations available to
 the public on the commission's website. The exclusive bargaining
 representative shall also file a declaration identifying the local
 bargaining units that are represented. Local bargaining units
 identified in the declaration filed by the exclusive bargaining
 representative are not required to file a separate calculation of
 all expenditures attributed to the costs of collective bargaining,
 contract administration, and grievance adjustment.
       (5) A public employer and a bargaining representative may
 enter into a collective bargaining agreement that requires all
 public employees in the bargaining unit to share equally in the
 financial support of the bargaining representative. This act does
 not, and a law or policy of a local government must not, prohibit
 or limit an agreement that requires public employees in the
 bargaining unit, as a condition of continued employment, to pay to
 the bargaining representative membership dues or service fees. This
 subsection becomes effective immediately upon, and applies to the
 extent permitted by, either of the following:
       (a) A decision or ruling by the United States Supreme Court
 that reverses or limits, in whole or in part, Janus v AFSCME,
 Council 31, ___US___; 138 S Ct 2448 (2018).
       (b) The ratification of an amendment to the United States
 Constitution that restores the ability to require, as a condition
 of employment, a public employee who is not a member of a
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 bargaining representative to pay, under any circumstances, fees,
 including agency fees, to the bargaining representative.
       (6) For fiscal year 2022-2023, $1,000,000.00 is appropriated
 to the department of labor and economic opportunity to be expended
 to do all of the following regarding the 2023 amendatory act that
 added this sentence:
       (a) Respond to public inquiries regarding the amendatory act.
       (b) Provide the commission with sufficient staff and other
 resources to implement the amendatory act.
       (c) Inform public employers, public employees, and bargaining
 representatives about changes to their rights and responsibilities
 under the amendatory act.
       (d) Any other purposes that the director of the department of
 labor and economic opportunity determines in the director's sole
 discretion are necessary to implement the amendatory act.
       (9) Except for actions required to be brought under subsection
 (6), a person who suffers an injury as a result of a violation or
 threatened violation of subsection (3) may bring a civil action for
 damages, injunctive relief, or both. In addition, a court shall
 award court costs and reasonable attorney fees to a plaintiff who
 prevails in an action brought under this subsection. Remedies
 provided in this subsection are independent of and in addition to
 other penalties and remedies prescribed by this 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
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 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 must 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 must be bargained by the public school
 employer and the bargaining representative before the change takes
 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
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 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 use of volunteers in providing services at its
 schools.
       (g) 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.
       (h) 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.
       (i) Any requirement that would violate section 10(3).
       (4) The matters described in subsection (3) are prohibited
 subjects of bargaining between a public school employer and a
 bargaining repres