Bill Summary – FastDemocracy

SENATE BILL NO. 791
     March 14, 2024, Introduced by Senator SANTANA and referred to the Committee on
       Appropriations.
          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 1 and 14 (MCL 423.201 and 423.214), section 1
    as amended by 2023 PA 237 and section 14 as amended by 2012 PA 349.
                   THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
       Sec. 1. (1) As used in this act:
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       (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 employer's 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 both of the following:
       (i) An individual serving as a graduate student research
 assistant or in an equivalent position.
       (ii) An individual designated by the legislature as a public
 employee.
       (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 individual's private
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 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 one's 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
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 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.
       Sec. 14. (1) An election shall must not be directed in any
 bargaining unit or any subdivision within which, in the preceding
 12-month period, a valid election was held. The commission shall
 determine who is eligible to vote in the election and shall
 promulgate rules governing the election. In an election involving
 more than 2 choices, if none of the choices on the ballot receives
 a majority vote, a runoff election shall must be conducted between
 the 2 choices receiving the 2 largest numbers of valid votes cast
 in the election. An election shall must not be directed in any
 bargaining unit or subdivision of any bargaining unit if there is
 in force and effect a valid collective bargaining agreement that
 was not prematurely extended and that is of fixed duration. A
 collective bargaining agreement does not bar an election upon the
 petition of persons not parties to the collective bargaining
 agreement if more than 3 years have elapsed since the agreement's
 execution or last timely renewal, whichever was later.
       (2) An election shall not be directed for, and the commission
 or a public employer shall not recognize, a bargaining unit of a
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 public employer consisting of individuals who are not public
 employees. A bargaining unit that is formed or recognized in
 violation of this subsection is invalid and void.
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Statutes affected: 
Senate Introduced Bill: 423.201, 423.214