HB-4788, As Passed House, June 25, 2009

SUBSTITUTE FOR

HOUSE BILL NO. 4788

     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 may 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 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 an agreement, or any question arising under the

agreement, and the execution of a written contract, ordinance, or

resolution incorporating any agreement reached if requested by

either party, but this obligation does not compel either party to

agree to a proposal or require the making of 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 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 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 school code of 1976, Act No.

451 of the Public Acts of 1976, being section 380.1284 of the

Michigan Compiled Laws, 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.

(b) (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 The composition of school improvement committees

established under 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.

(c) (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 open enrollment opportunity.

(d) (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, or the granting of a leave of absence to an

employee of a school district to participate in a public school

academy the revised school code, 1976 PA 451, MCL 380.1 to

380.1852.

     (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.

(e) (g) The use of volunteers in providing services at its

schools.

(f) (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.

(g) (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) 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.

     (5) If a public school is designated as a failing public

school by the superintendent of public instruction under section

1280c of the revised school code, 1976 PA 451, MCL 380.1280c, then

the following apply, as applicable:

     (a) If the public school is operated under a memorandum of

understanding under section 1280c(6) of the revised school code,

1976 PA 451, MCL 380.1280c, then, for the purposes of collective

bargaining under this act, the state school reform/redesign officer

is a joint employer of the public school employees at the public

school along with the public school employer that operates the

public school for as long as the public school is operated under

the memorandum of understanding.

     (b) If the public school is placed in the state school

reform/redesign school district as described in section 1280c(7) of

the revised school code, 1976 PA 451, MCL 380.1280c, and the state

school reform/redesign officer assumes autonomous control and

oversight of the public school through a performance contract with

a qualified person or entity to manage the school, as described in

section 1280c(7)(a) of the revised school code, 1976 PA 451, MCL

380.1280c, then, for the purposes of collective bargaining under

this act, the state school reform/redesign school district is a

joint employer of the public school employees at the public school

along with the public school employer that previously operated the

public school for as long as the public school is operated as

described in section 1280c(7)(a) of the revised school code, 1976

PA 451, MCL 380.1280c.

     (6) A public school employer's collective bargaining duty

under this act and a collective bargaining agreement entered into

under this act are subject to section 1280c of the revised school

code, 1976 PA 451, MCL 380.1280c.

     Enacting section 1. This amendatory act does not take effect

unless House Bill No. 4787 of the 95th Legislature is enacted into

law.