Labor; collective bargaining; executives and public school
administrators; exempt.
LABOR: Collective bargaining; EDUCATION: Employees
A bill to amend 1947 PA 336, entitled
"An act to prohibit strikes by certain public employees; to pro-
vide review from disciplinary action with respect thereto; to
provide for the mediation of grievances and the holding of elec-
tions; 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 1 (MCL 423.201), as amended by 1996 PA 543.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 Sec. 1. (1) As used in this act:
2 (a) "Bargaining representative" means a labor organization
3 recognized by an employer or certified by the commission as the
4 sole and exclusive bargaining representative of certain employees
5 of the employer.
6 (b) "Commission" means the employment relations commission
7 created in section 3 of Act No. 176 of the Public Acts of
1939,
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1 being section 423.3 of the Michigan Compiled Laws
1939 PA 176,
2 MCL 423.3.
3 (c) "Intermediate school district" means that term as
4 defined in section 4 of the revised school code, Act No.
451 of
5 the Public Acts of 1976, being section 380.4 of the Michigan
6 Compiled Laws 1976 PA 451, MCL 380.4.
7 (d) "Lockout" means the temporary withholding of work from a
8 group of employees by means of shutting down the operation of the
9 employer in order to bring pressure upon the affected employees
10 or the bargaining representative, or both, to accept the
11 employer's terms of settlement of a labor dispute.
12 (e) "Public employee" means a person holding a position by
13 appointment or employment in the government of this state, in the
14 government of 1 or more of the political subdivisions of this
15 state, in the public school service, in a public or special dis-
16 trict, in the service of an authority, commission, or board, or
17 in any other branch of the public service, .
SUBJECT TO EACH OF
18 THE FOLLOWING EXCEPTIONS:
19 (i) Beginning on the effective date of the
amendatory act
20 that added this sentence MARCH 31, 1997, a person
employed by a
21 private organization or entity that provides services under a
22 time-limited contract with the state or a political subdivision
23 of the state is not an employee of the state or that political
24 subdivision, and is not a public employee.
25 (ii) A PERSON EMPLOYED AS AN EXECUTIVE, AS DEFINED BY
THE
26 COMMISSION, IS NOT A PUBLIC EMPLOYEE.
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1 (iii) A PUBLIC SCHOOL ADMINISTRATOR IS NOT A PUBLIC
2 EMPLOYEE.
3 (f) "Public school academy" means a public school academy OR
4 STRICT DISCIPLINE ACADEMY organized under part 6a of Act
No. 451
5 of the Public Acts of 1976, being sections 380.501 to
380.507 of
6 the Michigan Compiled Laws THE REVISED SCHOOL
CODE, 1976 PA 451,
7 MCL 380.1 TO 380.1852.
8 (G) "PUBLIC SCHOOL ADMINISTRATOR" MEANS A SUPERINTENDENT,
9 ASSISTANT SUPERINTENDENT, CHIEF BUSINESS OFFICIAL, PRINCIPAL,
10 ASSISTANT PRINCIPAL, OR OTHER PERSON WHOSE PRIMARY RESPONSIBILITY
11 IS ADMINISTERING INSTRUCTIONAL PROGRAMS OF A SCHOOL DISTRICT,
12 INTERMEDIATE SCHOOL DISTRICT, OR PUBLIC SCHOOL ACADEMY.
13 (H) (g) "Public school employer" means a
public employer
14 that is the board of a school district, intermediate school dis-
15 trict, or public school academy, or is the governing board of a
16 joint endeavor or consortium consisting of any combination of
17 school districts, intermediate school districts, or public school
18 academies.
19 (I) (h) "School district" means that term as
defined in
20 section 6 of Act No. 451 of the Public Acts of 1976, being
21 section 380.6 of the Michigan Compiled Laws THE
REVISED SCHOOL
22 CODE, 1976 PA 451, MCL 380.6, or a local act school district as
23 defined in section 5 of Act No. 451 of the Public Acts of
1976,
24 being section 380.5 of the Michigan Compiled Laws
THE REVISED
25 SCHOOL CODE, 1976 PA 451, MCL 380.5.
26 (J) (i) "Strike" means the concerted failure
to report for
27 duty, the willful absence from one's position, the stoppage of
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1 work, or the abstinence in whole or in part from the full,
2 faithful, and proper performance of the duties of employment for
3 the purpose of inducing, influencing, or coercing a change in
4 employment conditions, compensation, or the rights, privileges,
5 or obligations of employment. For employees of a public school
6 employer, strike also includes an action described in this subdi-
7 vision that is taken for the purpose of protesting or responding
8 to an act alleged or determined to be an unfair labor practice
9 committed by the public school employer.
10 (2) This act does not limit, impair, or affect the right of
11 a public employee to the expression or communication of a view,
12 grievance, complaint, or opinion on any matter related to the
13 conditions or compensation of public employment or their better-
14 ment as long as the expression or communication does not inter-
15 fere with the full, faithful, and proper performance of the
16 duties of employment.
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