April 2, 2009, Introduced by Reps. Johnson and Melton 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 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 revised school code, 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 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.
(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.
(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 380.1 to 380.1852,
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) 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) 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 Senate Bill No.____ or House Bill No. 4787(request no.
02345'09) of the 95th Legislature is enacted into law.