House Introduced Bill 5574

HOUSE BILL No. 5574


     January 24, 2002, Introduced by Reps. Gosselin, Drolet, Cassis, Pappageorge, Vear and Bradstreet and referred to the Committee on
Employment Relations, Training and Safety.


        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 sections 10 and 16 (MCL 423.210 and 423.216).

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

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             Sec. 10.  (1)  It shall be unlawful for a  A public employer

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        or an officer or agent of a public employer SHALL NOT DO ANY OF

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        THE FOLLOWING:

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             (a)  to interfere  INTERFERE with, restrain, or coerce

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        public employees in the exercise of their rights guaranteed in

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        section 9.  ;

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             (b)  to initiate  INITIATE, create, dominate, contribute to,

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        or interfere with the formation or administration of any labor



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        organization.  :  Provided, That  THIS SUBDIVISION DOES NOT

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        PROHIBIT a public employer  shall not be prohibited  from permit-

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        ting employees to confer with it during working hours without

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        loss of time or pay.  ;

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             (c)  to discriminate  DISCRIMINATE in regard to  hire,

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        HIRING OR terms or other conditions of employment in order to

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        encourage or discourage membership in a labor organization.  :

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        Provided further, That nothing in this act or in any law of this

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        state shall preclude a  A public employer  from making  MAY MAKE

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        an agreement with an exclusive bargaining representative  as

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        defined in  DESIGNATED OR SELECTED UNDER section 11 to require as

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        a condition of employment that all employees in the bargaining

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        unit pay to the exclusive bargaining representative a service fee

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        equivalent to the amount of dues uniformly required of members of

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        the exclusive bargaining representative.  ;

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             (d)  to discriminate  DISCRIMINATE against a public employee

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        because he OR SHE has given testimony or instituted proceedings

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        under this act.  ; or

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             (e)  to refuse  REFUSE to bargain collectively with the rep-

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        resentatives of its public employees, subject to  the provisions

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        of  section 11.

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             (2)  It is the purpose of this amendatory act to reaffirm

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        the continuing public policy of this state that the stability and

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        effectiveness of labor relations in the public sector require, if

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        such requirement is  IF negotiated UNDER A COLLECTIVE BARGAINING

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        AGREEMENT with  the  A public employer,  that  all employees in

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        the bargaining unit shall  share fairly in the financial support



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        of their exclusive bargaining representative by paying  PAY to

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        the exclusive bargaining representative a service fee  which

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        THAT may be equivalent to the amount of dues  uniformly  required

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        of members of the exclusive bargaining representative.

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             (3) IF A PUBLIC EMPLOYER AGREES TO A SERVICE FEE UNDER SUB-

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        SECTION (2), THE EXCLUSIVE BARGAINING REPRESENTATIVE SHALL ANNU-

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        ALLY FILE WITH THE COMMISSION ALL OF THE FOLLOWING INFORMATION

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        FOR THE EXCLUSIVE BARGAINING REPRESENTATIVE WITHIN 90 DAYS OF THE

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        END OF THE EXCLUSIVE BARGAINING REPRESENTATIVE'S FISCAL YEAR:

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             (A) ALL ASSETS AND LIABILITIES AT THE BEGINNING AND END OF

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        THE FISCAL YEAR.

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             (B) THE SALARY, COST OF FRINGE BENEFITS, ALLOWANCES, AND ANY

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        OTHER DIRECT OR INDIRECT DISBURSEMENTS TO EACH OFFICER OF THE

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        EXCLUSIVE BARGAINING REPRESENTATIVE AND TO ANY EMPLOYEES OF THE

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        EXCLUSIVE BARGAINING REPRESENTATIVE.

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             (C) ALL CONTRIBUTIONS TO STATE OR NATIONAL AFFILIATES OF THE

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        EXCLUSIVE BARGAINING REPRESENTATIVE OR TO ANY OFFICER OF A STATE

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        OR NATIONAL AFFILIATE AND ANY EMPLOYEES OF A STATE OR NATIONAL

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        AFFILIATE.

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             (D) ALL INCOME RECEIVED BY AND THE VALUE OF ANY SERVICES

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        FURNISHED TO THE EXCLUSIVE BARGAINING REPRESENTATIVE BY ANY OF

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        THE FOLLOWING:

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             (i) A PARENT AFFILIATED LABOR ORGANIZATION.

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             (ii) ANY OTHER LABOR ORGANIZATION ON BEHALF OF THE EXCLUSIVE

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        BARGAINING REPRESENTATIVE.







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             (E) THE TOTAL AMOUNT SPENT BY THE EXCLUSIVE BARGAINING

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        REPRESENTATIVE AND THE PERCENTAGE OF TOTAL EXPENDITURES FOR ALL

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        OF THE FOLLOWING:

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             (i) CONTRACT NEGOTIATION AND ADMINISTRATION.

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             (ii) ORGANIZING ACTIVITIES.

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             (iii) STRIKE ACTIVITIES.

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             (iv) LITIGATION, SPECIFYING THE MATTERS AND CASES INVOLVED

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        AND THE NAME, ADDRESS, AND ACTIVITIES OF ANY ATTORNEY, LAW FIRM,

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        LOBBYING FIRM, PUBLIC RELATIONS FIRM, OR OTHER PERSON RETAINED.

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             (v) PUBLIC RELATIONS ACTIVITIES, SPECIFYING THE NAME,

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        ADDRESS, AND ACTIVITIES OF ANY ATTORNEY, LAW FIRM, LOBBYING FIRM,

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        PUBLIC RELATIONS FIRM, OR OTHER PERSON RETAINED.

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             (vi) POLITICAL ACTIVITIES, INCLUDING, BUT NOT LIMITED TO,

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        CONTRIBUTIONS TO POLITICAL CAMPAIGNS, CONTRIBUTIONS TO REFERENDUM

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        OR INITIATIVE CAMPAIGNS, AND EXPRESS ADVOCACY ON BEHALF OF OR IN

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        OPPOSITION TO ANY CANDIDATE FOR ELECTION, REFERENDUM, OR

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        INITIATIVE.

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             (vii) ACTIVITIES INTENDED TO INFLUENCE FEDERAL, STATE, OR

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        LOCAL LEGISLATION, REGULATIONS, OR POLICIES, SPECIFYING THE NAME,

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        ADDRESS, AND ACTIVITIES OF ANY ATTORNEY, LAW FIRM, LOBBYING FIRM,

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        PUBLIC RELATIONS FIRM, OR OTHER PERSON RETAINED.

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             (viii) ISSUE ADVOCACY, VOTER EDUCATION, VOTER REGISTRATION,

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        AND ACTIVITIES INTENDED TO INCREASE VOTER TURNOUT.

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             (ix) TRAINING ACTIVITIES FOR THE EXCLUSIVE BARGAINING

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        REPRESENTATIVE'S OFFICERS OR EMPLOYEES.







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             (x) CONFERENCE, CONVENTION, AND TRAVEL ACTIVITIES ENGAGED IN

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        BY THE EXCLUSIVE BARGAINING REPRESENTATIVE'S OFFICERS OR

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        EMPLOYEES.

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             (F) A LIST OF ANY POLITICAL CANDIDATES AND POLITICAL, CHARI-

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        TABLE, NONPROFIT, OR COMMUNITY ORGANIZATIONS TO WHICH THE EXCLU-

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        SIVE BARGAINING REPRESENTATIVE CONTRIBUTED FINANCIAL ASSISTANCE

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        OR PROVIDED OTHER ASSISTANCE AND THE AMOUNT CONTRIBUTED OR THE

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        FAIR MARKET VALUE OF THE ASSISTANCE PROVIDED.

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             (G) THE NAME AND ADDRESS OF ANY POLITICAL ACTION COMMITTEE

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        WITH WHICH THE EXCLUSIVE BARGAINING REPRESENTATIVE IS AFFILIATED

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        OR TO WHICH IT PROVIDED A CONTRIBUTION, SPECIFYING THE TOTAL

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        AMOUNT OF ANY CONTRIBUTION MADE, THE CANDIDATES OR ISSUES TO

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        WHICH THE COMMITTEE PROVIDED FINANCIAL ASSISTANCE, AND THE AMOUNT

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        OF FINANCIAL ASSISTANCE THE COMMITTEE PROVIDED FOR THOSE CANDI-

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        DATES OR ISSUES.

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             (4) THE REPORT REQUIRED UNDER SUBSECTION (3) SHALL BE PRE-

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        PARED BY AN INDEPENDENT AUDITING ORGANIZATION, USING GENERALLY

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        ACCEPTED AUDITING STANDARDS AND GENERALLY ACCEPTED ACCOUNTING

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        PRINCIPLES.  THE INDEPENDENT AUDITING ORGANIZATION SHALL REPORT

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        EXPENDITURES OR PORTIONS OF EXPENDITURES OF THE EXCLUSIVE BAR-

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        GAINING REPRESENTATIVE AS EITHER GERMANE OR NONGERMANE TO COLLEC-

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        TIVE BARGAINING, CONTRACT ADMINISTRATION, OR GRIEVANCE

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        PROCESSING.

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             (5)  (3) It shall be unlawful for a  A labor organization or

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        its agents SHALL NOT DO ANY OF THE FOLLOWING:

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             (a)  to restrain  RESTRAIN or coerce EITHER OF THE

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        FOLLOWING:



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             (i)  public  PUBLIC employees in the exercise of  the 
    THEIR

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        rights guaranteed in section 9.  :  Provided, That this subdivi-

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        sion shall  THIS SUBPARAGRAPH DOES not impair the right of a

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        labor organization to prescribe its own rules with respect to the

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        acquisition or retention of membership  therein; or  IN THE

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        ORGANIZATION.

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             (ii)  a  A public employer in the selection of its represen-

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        tatives for the  purposes  PURPOSE of collective bargaining or

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        the adjustment of grievances.  ;

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             (b)  to cause  CAUSE or attempt to cause a public employer

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        to discriminate against a public employee in violation of

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         subdivision (c) of  subsection  (1); or  (1)(C).

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             (c)  to refuse  REFUSE to bargain collectively with a public

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        employer,  provided it  IF THE LABOR ORGANIZATION, SUBJECT TO

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        SECTION 11, is the representative of the public employer's

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        employees.  subject to section 11.

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             (D) FAIL OR REFUSE TO PREPARE THE REPORT REQUIRED UNDER SUB-

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        SECTION (3).

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             Sec. 16.  (1) Violations of  the provisions of  section 10

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         shall be deemed to be  ARE unfair labor practices AND, EXCEPT AS

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        OTHERWISE PROVIDED IN SUBSECTION (2) FOR A VIOLATION OF SECTION

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        10(3), ARE remediable by the commission in the following manner:

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             (a)  Whenever  IF it is charged that  any  A person has

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        engaged in or is engaging in  any such  AN unfair labor practice,

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        the commission  ,  or any agent designated by the commission  for

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        such purposes,  may issue and cause to be served upon the person

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        a complaint stating the charges  in that respect,  and containing



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        a notice of hearing before the commission,  or  a commissioner,

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         thereof,  or  before  a designated agent, at a place 
    therein

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        fixed  STATED IN THE NOTICE OF HEARING, not less than 5 days

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        after the  serving of the  complaint IS SERVED.   No  EXCEPT AS

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        OTHERWISE PROVIDED IN THIS SUBDIVISION, A complaint shall  issue

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        NOT BE ISSUED based upon any unfair labor practice  occurring

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        THAT OCCURS more than 6 months  prior to the filing of  BEFORE

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        the charge IS FILED with the commission and  the service of  a

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        copy  thereof upon  SERVED ON the person against whom the charge

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        is made.  , unless the  IF A person aggrieved  thereby  BY AN

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        UNFAIR LABOR PRACTICE was prevented from filing  the  A charge by

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        reason of service in the armed forces,  in which event  the

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        6-month period shall be computed from the day of his OR HER

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        discharge.   Any  A complaint may be amended by the commissioner,

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         or  AN agent conducting the hearing, or the commission, at any

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        time  prior to the issuance of  BEFORE an order based  thereon

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        ON THE COMPLAINT IS ISSUED.  The person upon whom the complaint

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        is served may file an answer to the original or amended complaint

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        and appear in person or otherwise and give testimony at the place

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        and time fixed in the complaint.  In the discretion of the

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        commissioner,  or  AN agent conducting the hearing, or the com-

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        mission, any other person may be allowed to intervene in the pro-

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        ceeding and to present testimony.   Any  A proceeding shall be

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        conducted pursuant to chapter 4 of  Act No.  306 of the Public

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        Acts of 1969, as amended, being sections 24.271 to 24.287 of the

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        Michigan Compiled Laws  THE ADMINISTRATIVE PROCEDURES ACT OF

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        1969, 1969 PA 306, MCL 24.271 TO 24.287.



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             (b)  The testimony  TESTIMONY taken by the commissioner,

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        agent, or  the  commission shall be reduced to writing and filed

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        with the commission.  Thereafter, the commission, upon notice,

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        may take further testimony or hear argument.  If, upon the pre-

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        ponderance of the testimony taken, the commission is of the opin-

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        ion that  any  A person named in the complaint has engaged in or

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        is engaging in the unfair labor practice CHARGED, then  it  THE

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        COMMISSION shall state its findings of fact and  shall  issue and

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        cause to be served on the person an order requiring him OR HER to

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        cease and desist from the unfair labor practice  ,  and to take

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         such  affirmative action, including reinstatement of employees

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        with or without back pay,  as will  TO effectuate the policies of

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        this act.  The order may  further  ALSO require the person

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        CHARGED to make reports from time to time showing the extent to

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        which he OR SHE has complied with the order.  If, upon the pre-

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        ponderance of the testimony taken, the commission is  not  of the

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        opinion that the person named in the complaint has NOT engaged in

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        or is NOT engaging in the unfair labor practice CHARGED,  then

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        the commission shall state its findings of fact and shall issue

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        an order dismissing the complaint.   No  AN order of the commis-

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        sion shall NOT require the reinstatement of any individual as an

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        employee who has been suspended or discharged, or the payment to

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        him OR HER of any back pay, if the individual was suspended or

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        discharged for cause.  If the evidence is presented before a com-

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        missioner OR AN EXAMINER of the commission,  or before examiners

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        thereof,  the commissioner  ,  or  examiners 
    EXAMINER shall

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        issue and cause to be served on the parties to the proceeding a



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        proposed report, together with a recommended order, which shall

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        be filed with the commission.  , and if  IF an exception TO THE

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        RECOMMENDED ORDER is not filed within 20 days after service

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         thereof upon  ON the parties, or within  such further  AN

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        ADDITIONAL period  as  AUTHORIZED BY the commission,  may

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        authorize,  the recommended order shall become the order of the

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        commission and  become  IS effective as prescribed in the order.

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             (c) Until the record in a case has been filed in a court,

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        the commission MAY at any time, upon reasonable notice and in

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         such  THE manner  as  it  deems  CONSIDERS
    proper,  may  modify

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        or set aside, in whole or in part, any finding or order made or

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        issued by it.

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             (d) The commission or any prevailing party may petition the

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        court of appeals for the enforcement of the order and for appro-

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        priate temporary relief or restraining order, and shall file in

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        the court the record in the proceedings.  Upon the filing of the

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        petition, the court shall cause notice  thereof  OF THE PETITION

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        to be served upon the person  , and thereupon shall have  AGAINST

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        WHOM ENFORCEMENT IS SOUGHT.  AFTER NOTICE OF THE PETITION IS

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        SERVED, THE COURT HAS jurisdiction of the proceeding and shall

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        summarily grant  such  temporary or permanent relief or A

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        restraining order,  as it deems just and proper,  enforcing, mod-

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        ifying, enforcing as  so  modified, or setting aside, in whole or

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        in part, the order of the commission.   No  AN objection that has

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        not been  urged before  PRESENTED TO the commission  ,  OR its

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        commissioner or agent  ,  shall NOT be considered by the court,

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        unless the failure or neglect to  urge  PRESENT the objection is



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        excused because of extraordinary circumstances.  The findings of

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        the commission with respect to questions of fact, if supported by

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        competent, material, and substantial evidence on the record con-

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        sidered as a whole,  shall be  ARE conclusive.  If either party

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        applies to the court for leave to present additional evidence and

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        shows to the satisfaction of the court that the additional evi-

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        dence is material and that there were reasonable grounds for the

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        failure to present it in the hearing before the commission  ,  OR

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        its commissioner or agent, the court may order the additional

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        evidence to be taken before the commission  ,  OR its commis-

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        sioner or agent  ,  and to be made a part of the record.  The

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        commission may modify its findings as to the facts, or make new

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        findings,  by reason  BECAUSE of THE additional evidence  so

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        taken and filed.  , and it  THE COMMISSION shall file the modify-

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        ing or new findings, which findings with respect to questions of

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        fact, if supported by competent, material, and substantial evi-

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        dence on the record considered as a whole,  shall be  ARE conclu-

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        sive, and shall file its recommendations, if any,  for the modi-

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        fication or setting  TO MODIFY OR SET aside  of  its original

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        order.   Upon the filing of the record with it the  THE COURT'S

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        jurisdiction  of the court shall be  IS exclusive and its judg-

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        ment and decree  shall be  IS final,  except that the same shall

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        be  subject to review by the supreme court in accordance with the

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        general court rules.

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             (e)  Any  A party aggrieved by a final order of the commis-

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        sion granting or denying, in whole or in part, the relief sought

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        may  within 20 days of such order as a matter of right  obtain a



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        review of the order in the court of appeals by filing in the

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        court WITHIN 20 DAYS OF THE ORDER a petition  praying  REQUESTING

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        that the order of the commission be modified or set aside.  ,

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        with  A copy of the petition SHALL BE filed on the commission.  ,

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        and thereupon the  THE aggrieved party shall file in the court

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        the record in the proceeding, certified by the commission.   Upon

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        the timely filing of  IF the petition IS TIMELY FILED, the court

     8  shall proceed in the same manner as in the case of an application

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        by the commission under  subsection  SUBDIVISION (d), and shall

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        summarily grant  to the commission or to any prevailing party

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         such  temporary relief or A restraining order,  as it deems just

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        and proper,  enforcing, modifying, enforcing as  so  modified, or

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        setting aside in whole or in part the order of the commission.

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        The findings of the commission with respect to questions of fact,

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        if supported by competent, material, and substantial evidence on

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        the record considered as a whole,  shall be  ARE conclusive.  If

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        a timely petition for review is not filed under this subdivision

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        by an aggrieved party, it shall be conclusively presumed that the

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        commission's order is supported by competent, material, and sub-

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        stantial evidence on the record considered as a whole, and the

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        commission or any prevailing party  shall be  IS entitled, upon

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        application,  therefor,  to a summary order enforcing the

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        commission's order.

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             (f) The commencement of proceedings under subdivisions (d)

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        or (e) shall not, unless specifically ordered by the court, oper-

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        ate as a stay of the commission's order.





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             (g) Petitions filed under  subdivisions  SUBDIVISION (d)

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         and  OR (e) shall be heard expeditiously by the court,  to which

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        presented,  and for good cause shown shall take precedence over

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        all other civil matters except earlier matters of the same

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        character.

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             (h) The commission or any charging party  shall have power,

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        upon issuance of a complaint as provided in  MAY, AFTER A COM-

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        PLAINT IS ISSUED UNDER subdivision (a),  charging that any person

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        has engaged in or is engaging in an unfair labor practice, to

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        petition  any  THE circuit court  within any circuit  where the

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        unfair labor practice in question is alleged to have occurred or

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        where  such  THE person CHARGED resides or exercises or may exer-

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        cise its governmental authority, for appropriate temporary relief

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        or A restraining order.  , in accordance with the general court

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        rules, and the  THE CIRCUIT court  shall have  HAS jurisdiction

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        to grant to the commission or any charging party  such  THE tem-

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        porary relief or restraining order  as  it deems  just and

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        proper.

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             (i) For  the purpose of  all hearings and investigations,

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        which in the opinion of the commission are necessary  and proper

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        for the exercise of the powers vested in it under this section,

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        the provisions of section 11 of  Act No.  176 of the Public Acts

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        of 1939, as amended, being section 423.11 of the Michigan

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        Compiled Laws, shall be  1939 PA 176, MCL 423.11, ARE applicable,

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        except that subpoenas may issue  as provided in section 11  with-

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        out regard to whether mediation  shall have  HAS been

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        undertaken.



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             (j) The labor relations and mediation functions of this act

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        shall be separately administered by the commission.

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             (2) A FAILURE OR REFUSAL TO PROVIDE THE REPORT REQUIRED

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        UNDER SECTION 10(3) IS AN UNFAIR LABOR PRACTICE AND IS REMEDIABLE

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        BY THE COMMISSION IN THE FOLLOWING MANNER:

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             (A) FOR THE FIRST FAILURE OR REFUSAL, THE COMMISSION SHALL

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        ORDER THE EXCLUSIVE BARGAINING REPRESENTATIVE TO REFUND ALL MEM-

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        BERSHIP DUES OR SERVICE FEES TO EMPLOYEES OF THE BARGAINING UNIT

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        FOR THE PERIOD COVERED BY THE REPORT.

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             (B) FOR A SECOND FAILURE OR REFUSAL, THE COMMISSION SHALL

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        ORDER AN ELECTION IN THE BARGAINING UNIT AFFECTED PURSUANT TO

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        SECTION 12 AS TO WHETHER THE LABOR ORGANIZATION WILL CONTINUE TO

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        BE THE EXCLUSIVE BARGAINING REPRESENTATIVE FOR THE BARGAINING

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        UNIT AS PROVIDED IN SECTION 11.  THE ELECTION SHALL BE CONDUCTED

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        UPON THE EXPIRATION OF ANY EXISTING COLLECTIVE BARGAINING

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        AGREEMENT.

























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