March 22, 2005, Introduced by Reps. Vander Veen, Taub, Drolet, Gosselin, Steil, Marleau, Newell, Huizenga, Garfield and Hoogendyk and referred to the Committee on Education.
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;
and to prescribe means of enforcement and penalties for the
violation of the provisions of this act,"
by amending section 15 (MCL 423.215), as amended by 1994 PA 112.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 15. (1) A public employer shall bargain collectively with
the
representatives of its employees as defined described
in
section 11 and is authorized to make and enter into collective
bargaining
agreements with such those representatives. Except as
otherwise provided in this section, for the purposes of this
section,
to bargain collectively is the performance of to perform
the mutual obligation of the employer and the representative of the
employees to meet at reasonable times and confer in good faith with
respect to wages, hours, and other terms and conditions of
employment; ,
or the negotiation of to
negotiate an agreement ,
or
any question arising under the agreement; , and the execution
of
or to execute a written contract, ordinance, or resolution
incorporating
any agreement reached if requested by either party.
,
but this This obligation does not compel either party to agree
to
a proposal or require the making of to 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 shall not include any
of the following subjects:
(a)
Who Except as provided
in subsection (4), 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
shall be bargained by the public school employer and the
bargaining
representative before the change may take effect.
(b)
Establishment of Establishing 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, of 1976, Act No. 451 of the Public Acts of
1976,
being
section 380.1284 of the Michigan Compiled Laws 1976
PA 451,
MCL 380.1284, and under section 101 of the state school aid act of
1979,
Act No. 94 of the Public Acts of 1979, being section
388.1701
of the Michigan Compiled Laws 1979 PA 94, MCL 388.1701.
(c)
Composition of site-based decision-making bodies
established
pursuant to section 1202a of Act No. 451 of the Public
Acts
of 1976, being section 380.1202a of the Michigan Compiled
Laws,
or of The selection of
participants in the school
improvement
committees established under planning
process
described
in section 1277 of Act No. 451 of
the Public Acts of
1976,
being section 380.1277 of the Michigan Compiled Laws the
revised school code, 1976 PA 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 of which grade levels or schools in which to
allow
such an that 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 part 6a of Act No. 451 of the Public Acts
of
1976, being sections 380.501 to 380.507 of the Michigan Compiled
Laws
the revised school code, 1976 PA 451, MCL 380.501 to 380.507,
or the granting of a leave of absence to an employee of a school
district to participate in a public school academy.
(f) The decision of whether or not to contract with a third
party
for 1 or more noninstructional support services, ; or the
procedures
for obtaining the contract, ; or the
identity of the
third
party, ; or the impact of the contract on individual
employees or the bargaining unit.
(g) The use of volunteers in providing services at its
schools.
(h) Decisions concerning use of experimental or pilot programs
and
staffing of experimental or pilot programs, and decisions
concerning use of technology to deliver educational programs and
services and staffing to provide the technology, or the impact of
these decisions on individual employees or the bargaining unit.
(i) 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.
(4) Subsection (3)(a) 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 shall be bargained by the public school employer
and the bargaining representative before the change may take
effect. Before collective bargaining begins concerning an employee
group insurance benefit, a public school employer shall solicit at
least 3 bids from health insurance providers and consider those
bids in formulating any benefit proposal to a bargaining
representative. A public school employer is authorized to engage in
bargaining with a collective bargaining representative concerning
modifications to the types and levels of employee health insurance
benefits and coverage during the term of any collective bargaining
agreement containing employee health insurance benefits, if the
public employer determines that the modifications are required
because of economic necessity.
(5) (4)
The matters described in
subsection (3) are
prohibited subjects of bargaining between a public school employer
and a bargaining representative of its employees, and, for the
purposes of this act, are within the sole authority of the public
school employer to decide.