September 14, 2006, Introduced by Reps. Pavlov, Acciavatti and Garfield 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 2a (MCL 423.202a), as added by 1994 PA 112.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 2a. (1) If a public school employer alleges that there is
a strike by 1 or more public school employees in violation of
section 2, the public school employer shall immediately notify the
commission of the alleged strike. In addition, if a public school
employer fails to notify the commission of an alleged strike by 1
or more of its public school employees within 24 hours after a
strike is alleged to have commenced, a person who is a parent or
legal guardian of a pupil enrolled in a school or program operated
by the public school employer and who believes that a strike by 1
or more public school employees of that employer has occurred may
notify the commission of the alleged strike. Upon request by the
commission, the public school employer or other person making the
allegation shall notify the commission of the full or partial days
a
public school employee was allegedly
engaged in the alleged
strike.
(2) If a bargaining representative alleges that there is a
lockout by a public school employer in violation of section 2, the
bargaining representative shall notify the commission of the full
or partial days of the alleged lockout.
(3)
Within 60 7
days after receipt of a notice made
pursuant
to subsection (1) or (2), the commission shall conduct a hearing to
determine if there has been a violation and shall issue its
decision and order. A hearing conducted under this subsection is
separate and distinct from, and is not subject to the procedures
and timelines of, a proceeding conducted under section 6.
(4) If, after a hearing under subsection (3), a majority of
the commission finds that 1 or more public school employees engaged
in a strike in violation of section 2, the commission shall fine
each public school employee an amount equal to 1 day of pay for
that public school employee for each full or partial day that he or
she engaged in the strike and shall fine the bargaining
representative of the public school employee or employees $5,000.00
for each full or partial day the public school employee or
employees engaged in the strike.
(5) If, after a hearing under subsection (3), a majority of
the commission finds that a public school employer instituted a
lockout in violation of section 2, the commission shall fine the
public school employer $5,000.00 for each full or partial day of
the lockout and shall fine each member of the public school
employer's governing board $250.00 for each full or partial day of
the lockout.
(6) If the commission imposes a fine against a public school
employee under subsection (4) and the public school employee
continues to be employed by a public school employer, the
commission shall order the public school employer to deduct the
fine from the public school employee's annual salary. The public
school employee's annual salary is the annual salary that is
established in the applicable contract in effect at the time of the
strike or, if no applicable contract is in effect at the time of
the strike, in the applicable contract in effect at the time of the
decision and order. However, if no applicable contract is in effect
at either of those times, the public school employee's annual
salary shall be considered to be the annual salary that applied or
would have applied to the public school employee in the most recent
applicable contract in effect before the strike. A public school
employer shall comply promptly with an order under this subsection.
A deduction under this subsection is not a demotion for the
purposes
of Act No. 4 of the Extra Session of 1937, being sections
38.71
to 38.191 of the Michigan Compiled Laws 1937 (Ex Sess) PA 4,
MCL 38.71 to 38.191.
(7) The commission shall transmit money received from fines
imposed under this section, and a public school employer shall
transmit money deducted pursuant to an order under subsection (6),
to the state treasurer for deposit in the state school aid fund
established under section 11 of article IX of the state
constitution of 1963.
(8) If the commission does not receive payment of a fine
imposed under this section within 30 days after the imposition of
the fine, or if a public school employer does not deduct a fine
from a public school employee's pay pursuant to an order under
subsection (6), the commission shall institute collection
proceedings.
(9) Fines imposed under this section are in addition to all
other penalties prescribed by this act and by law.
(10) A public school employer may bring an action to enjoin a
strike by public school employees in violation of section 2, and a
bargaining representative may bring an action to enjoin a lockout
by a public school employer in violation of section 2, in the
circuit court for the county in which the affected public school is
located. A court having jurisdiction of an action brought under
this subsection shall grant injunctive relief if the court finds
that a strike or lockout has occurred, without regard to the
existence of other remedies, demonstration of irreparable harm, or
other factors. Failure to comply with an order of the court may be
punished as contempt. In addition, the court shall award court
costs and reasonable attorney fees to a plaintiff who prevails in
an action brought under this subsection.
(11) A public school employer shall not provide to a public
school employee or to a board member any compensation or additional
work assignment that is intended to reimburse the public school
employee or board member for a monetary penalty imposed under this
section or that is intended to allow the public school employee or
board member to recover a monetary penalty imposed under this
section.
(12) As used in this section, "public school employee" means a
person employed by a public school employer.