HOUSE BILL No. 4502


     March 13, 1997, Introduced by Reps. Thomas, Leland, Hanley, Schermesser, Varga, Murphy, Cherry, Parks, Bogardus, Quarles, Hale, Kelly, Goschka, Martinez, Scott, LaForge, Dobronski, Kelly, Wojno, DeHart, Anthony, Prusi, Kilpatrick, Tesanovich, Ciaramitaro, Callahan, Stallworth, Gubow and Rison and referred to the Committee on Labor and Occupational
Safety.


        A bill to amend 1947 PA 336, entitled

   "An act to prohibit strikes by certain public employees; to pro-
   vide review from disciplinary action with respect thereto; to
   provide for the mediation of grievances and the holding of elec-
   tions; to declare and protect the rights and privileges of public
   employees; and to prescribe means of enforcement and penalties
   for the violation of the provisions of this act,"

   by amending section 10 (MCL 423.210).

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 1         Sec. 10.  (1)  It shall be unlawful for a  A public employer

 2    or an officer or agent of a public employer SHALL NOT DO ANY OF

 3    THE FOLLOWING:

 4         (a)  to interfere  INTERFERE with, restrain, or coerce

 5    public employees in the exercise of their rights guaranteed in

 6    section 9.  ; 

 7         (b)  to initiate  INITIATE, create, dominate, contribute to,

 8    or interfere with the formation or administration of any labor



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 1    organization.  :  Provided, That  THIS SUBDIVISION DOES NOT

 2    PROHIBIT a public employer  shall not be prohibited  from permit-

 3    ting employees to confer with it during working hours without

 4    loss of time or pay.  ; 

 5         (c)  to discriminate  DISCRIMINATE in regard to  hire, 

 6    HIRING OR terms or  other  conditions of employment in order to

 7    encourage or discourage membership in a labor organization.  :

 8     Provided further, That nothing in this act or in any law of this

 9     state shall preclude  THIS SUBDIVISION DOES NOT PROHIBIT a public

10    employer from  making  ENTERING INTO an agreement with an exclu-

11    sive bargaining representative as  defined  DESCRIBED in section

12    11 to require as a condition of employment that all employees in

13    the bargaining unit pay to the exclusive bargaining representa-

14    tive a service fee equivalent to the amount of dues uniformly

15    required of members of the exclusive bargaining representative.

16     ; 

17         (d)  to discriminate  DISCRIMINATE against a public employee

18    because he OR SHE has given testimony or instituted proceedings

19    under this act.  ; or 

20         (e)  to refuse  REFUSE to bargain collectively with  the

21     representatives  A REPRESENTATIVE of its public employees,

22    subject to  the provisions of  section 11.

23         (F) OFFER OR GRANT THE STATUS OF A PERMANENT REPLACEMENT

24    EMPLOYEE TO AN INDIVIDUAL FOR PERFORMING BARGAINING UNIT WORK FOR

25    THE PUBLIC EMPLOYER DURING A LABOR DISPUTE, OR OTHERWISE OFFER OR

26    GRANT AN INDIVIDUAL ANY EMPLOYMENT PREFERENCE BASED ON THE FACT

27    THAT THE INDIVIDUAL WAS EMPLOYED OR INDICATED A WILLINGNESS TO BE



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 1    EMPLOYED DURING A LABOR DISPUTE OVER AN INDIVIDUAL WHO MEETS ALL

 2    OF THE FOLLOWING REQUIREMENTS:

 3         (i) WAS AN EMPLOYEE OF THE PUBLIC EMPLOYER AT THE COMMENCE-

 4    MENT OF THE LABOR DISPUTE.

 5         (ii) HAS EXERCISED THE RIGHT TO JOIN, ASSIST, OR ENGAGE IN

 6    OTHER CONCERTED ACTIVITIES FOR THE PURPOSE OF COLLECTIVE BARGAIN-

 7    ING OR OTHER MUTUAL AID OR PROTECTION THROUGH THE LABOR ORGANIZA-

 8    TION INVOLVED IN THE LABOR DISPUTE.

 9         (iii) IS WORKING FOR, OR HAS UNCONDITIONALLY OFFERED TO

10    RETURN TO WORK FOR, THE PUBLIC EMPLOYER.

11         (2) It is the  purpose of this amendatory act to reaffirm

12     the continuing  public policy of this state that the stability

13    and effectiveness of labor relations in the public sector

14    require, if  such  THE requirement is negotiated with the public

15    employer, that all employees in the bargaining unit  shall  share

16    fairly in the financial support of their exclusive bargaining

17    representative by paying to the exclusive bargaining representa-

18    tive a service fee which may be equivalent to the amount of dues

19    uniformly required of members of the exclusive bargaining

20    representative.

21         (3)  It shall be unlawful for a  A labor organization or its

22    agents SHALL NOT DO ANY OF THE FOLLOWING:

23         (a)  to restrain  RESTRAIN or coerce:

24         (i)  public  PUBLIC employees in the exercise of  the  THEIR

25    rights guaranteed in section 9.  :  Provided, That this  THIS

26    subdivision  shall  DOES not impair the right of a labor

27    organization to prescribe its own rules with respect to the



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 1    acquisition or retention of membership  therein; or  IN THE LABOR

 2    ORGANIZATION.

 3         (ii)  a  A public employer in the selection of its represen-

 4    tatives for the  purposes  PURPOSE of collective bargaining or

 5    the adjustment of grievances.  ; 

 6         (b)  to cause  CAUSE or attempt to cause a public employer

 7    to discriminate against a public employee in violation of

 8     subdivision (c) of  subsection  (1); or  (1)(C).

 9         (c)  to refuse  REFUSE to bargain collectively with a public

10    employer  , provided it  IF THE LABOR ORGANIZATION is the repre-

11    sentative of the public employer's employees, subject to section

12    11.
































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