March 1, 2006, Introduced by Reps. Gosselin, Drolet, Hoogendyk, Garfield, Sheen, Steil, Palmer and Acciavatti and referred to the Committee on Commerce.
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 10 (MCL 423.210).
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
10. (1) It shall be unlawful for a A public
employer or
an officer or agent of a public employer shall not do any of the
following:
(a) to interfere Interfere with, restrain, or
coerce public
employees in the exercise of their rights guaranteed in section 9.
;
(b) to initiate Initiate, create, dominate,
contribute to,
or interfere with the formation or administration of any labor
organization. :
Provided, That However, a public employer shall
not
be prohibited from permitting may
permit employees to confer
with it
a labor organization during working hours without loss of
time
or pay. ;
(c) to discriminate Discriminate in regard to
hire, terms,
or
other conditions of employment in order to encourage or
discourage
membership in a labor organization.
: Provided further,
That
nothing in this act or in any law of this state shall preclude
a
public employer from making an agreement with an exclusive
bargaining
representative as defined in section 11 to require as a
condition
of employment that all 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) to discriminate Discriminate against a
public employee
because he or she has given testimony or instituted proceedings
under
this act. ; or
(e) to refuse Refuse to bargain
collectively with the
representatives of its public employees, subject to the provisions
of section 11.
(2)
It is the purpose of this amendatory act to reaffirm the
continuing
public policy of this state that the stability and
effectiveness
of labor relations in the public sector require, if
such
requirement is negotiated with the public employer, that all
employees
in the bargaining unit shall share fairly in the
financial
support of their exclusive bargaining representative by
paying
to the exclusive bargaining representative a service fee
which
may be equivalent to the amount of dues uniformly required of
members
of the exclusive bargaining representative.
(2) (3)
It shall be unlawful for a A
labor organization or
its agents shall not do any of the following:
(a) to restrain Restrain or coerce :
(i) public employees
in
the exercise of the rights guaranteed in section 9, :
Provided,
That
but this subdivision shall does not
impair the right of a
labor organization to prescribe its own rules with respect to the
acquisition
or retention of its membership. therein; or (ii)
(b) Restrain or coerce a public employer in the selection of
its representatives for the purposes of collective bargaining or
the
adjustment of grievances. ; (b) to cause
(c) Cause or attempt to cause a public employer to
discriminate
against a public employee in violation of subdivision
(c)
of subsection (1); or (c) to refuse subsection (1)(c).
(d) Refuse to bargain collectively with a public employer,
provided
if it is the representative of the public employer's
employees subject to section 11.
Enacting section 1. This amendatory act does not take effect
unless Senate Bill No.____ or House Bill No. 5772(request no.
05202'05) of the 93rd Legislature is enacted into law.