HOUSE BILL NO. 6137
November 14, 2024, Introduced by Reps. Weiss and Tsernoglou and referred to the Committee on
Labor.
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 section 15b (MCL 423.215b), as amended by 2014 PA 322.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 Sec. 15b. (1) Except as otherwise provided in this section,
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1 after the expiration date of a collective bargaining agreement and
2 until a successor collective bargaining agreement is in place, a
3 public employer shall pay and provide wages and benefits at levels
4 and amounts that are no greater than those in effect on the
5 expiration date of the collective bargaining agreement. The
6 prohibition in this subsection includes increases that would result
7 from wage step increases. Employees who receive health, dental,
8 vision, prescription, or other insurance benefits under a
9 collective bargaining agreement shall bear any increased costs of
10 maintaining those benefits that occur after the expiration date.
11 The public employer may make payroll deductions necessary to pay
12 the increased costs of maintaining those benefits.
13 (2) Except as provided in subsection (3) or (4), the parties
14 to a collective bargaining agreement shall not agree to, and an
15 arbitration panel shall not order, any retroactive wage or benefit
16 levels or amounts that are greater than those in effect on the
17 expiration date of the collective bargaining agreement.
18 (3) For a collective bargaining agreement that expired before
19 June 8, 2011, the requirements of this section apply to limit wages
20 and benefits to the levels and amounts in effect on June 8, 2011.
21 (4) All of the following apply to a public employee eligible
22 to submit labor disputes to compulsory arbitration under 1969 PA
23 312, MCL 423.231 to 423.247:
24 (a) Subsection (1) does not prohibit wage or benefit
25 increases, including step increases, expressly authorized under the
26 expired collective bargaining agreement.
27 (b) The increase in employee costs for maintaining health,
28 dental, vision, prescription, or other insurance benefits after the
29 collective bargaining contract expiration date that the employee is
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1 required to bear under subsection (1) shall must not cause the
2 total employee costs for those benefits to exceed the amount of the
3 employee's share under the publicly funded health insurance
4 contribution act, former 2011 PA 152. , MCL 15.561 to 15.269. If
5 the public employer is exempt from the limitations of that act, the
6 total employee costs for those benefits shall must not exceed the
7 higher of the minimum required employee share under section 3 or 4
8 of the publicly funded health insurance contribution act, former
9 2011 PA 152, MCL 15.563 and 15.264, calculated as if the public
10 employer were subject to that act.
11 (c) Subsection (2) does not prohibit retroactive application
12 of a wage or benefit increase if the increase is awarded in the
13 decision of the arbitration panel under 1969 PA 312, MCL 423.231 to
14 423.247, or included in a negotiated bargaining agreement.
15 (5) As used in this section:
16 (a) "Expiration date" means the expiration date set forth in a
17 collective bargaining agreement without regard to any agreement of
18 the parties to extend or honor the collective bargaining agreement
19 during pending negotiations for a successor collective bargaining
20 agreement.
21 (b) "Increased costs" in regard to insurance benefits means
22 the difference in premiums or illustrated rates between the prior
23 year and the current coverage year. The difference shall must be
24 calculated based on changes in costs by category of coverage and
25 not on changes in individual employee marital or dependent status.
26 Enacting section 1. This amendatory act does not take effect
27 unless Senate Bill No.____ or House Bill No. 6036 (request no.
28 02062'23) of the 102nd Legislature is enacted into law.
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Statutes affected:
House Introduced Bill: 423.215