SENATE BILL No. 400
April 19, 2001, Introduced by Senators STEIL, SHUGARS, STILLE and MC MANUS and
referred to the Committee on Human Resources and Labor.
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 10 (MCL 423.210).
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 Sec. 10.
(1) It shall be
unlawful for a A
public employer
2 or an officer or agent of a public employer SHALL NOT DO ANY OF
3 THE FOLLOWING:
4 (a) to
interfere INTERFERE
with, restrain, or
coerce
5 public employees in the exercise of their rights guaranteed in
6 section 9. ;
7 (b) to
initiate INITIATE,
create, dominate,
contribute to,
8 or interfere with the formation or administration of any labor
03529'01 b FDD
2
1 organization. :
Provided, That THIS
SUBDIVISION DOES NOT
2 PROHIBIT a public
employer shall not
be prohibited from
permit-
3 ting employees to confer with it during working hours without
4 loss of time or
pay. ;
5 (c) to
discriminate
DISCRIMINATE in
regard to hire,
6 HIRING OR terms
or other AND
conditions of
employment in order
7 to encourage or discourage membership in a labor organization.
8 : Provided
further, That
nothing in this act
or in any law of
9 this state shall
preclude a public
employer from making
an agree-
10 ment with an
exclusive bargaining
representative as
defined in
11 section 11 to
require as a
condition of
employment that all
12 employees in the
bargaining unit pay
to the exclusive
bargaining
13 representative a
service fee
equivalent to the
amount of dues
14 uniformly
required of members
of the exclusive
bargaining
15 representative;
16 (d) to
discriminate
DISCRIMINATE against
a public employee
17 because he OR SHE has given testimony or instituted proceedings
18 under this act.
; or
19 (e) to
refuse REFUSE to
bargain collectively
with the rep-
20 resentatives of
its public
employees, subject
to the provisions
21 of section
11.
22 (2) It is
the purpose of this
amendatory act to
reaffirm
23 the continuing
public policy of
this state that the
stability and
24 effectiveness of
labor relations in
the public sector
require, if
25 such requirement
is negotiated with
the public employer,
that all
26 employees in the
bargaining unit
shall share fairly
in the
27 financial support
of their exclusive
bargaining
representative by
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1 paying to the
exclusive bargaining
representative a
service fee
2 which may be
equivalent to the
amount of dues
uniformly required
3 of members of the
exclusive bargaining
representative.
4 (2) (3) It
shall be unlawful
for a A labor
organization or
5 its agents SHALL NOT DO ANY OF THE FOLLOWING:
6 (a) to
restrain RESTRAIN
or coerce EITHER OF
THE
7 FOLLOWING: (i)
public
8 (i) PUBLIC
employees in the
exercise of the
THEIR rights
9 guaranteed in
section 9. :
Provided, That this
subdivision
10 shall THIS
SUBPARAGRAPH DOES
not impair the right
of a labor
11 organization to prescribe its own rules with respect to the
12 acquisition or
retention of
membership therein;
or (ii) a IN
13 THE ORGANIZATION.
14 (ii) A public employer in the selection of its representa-
15 tives for the
purposes PURPOSE of
collective
bargaining or the
16 adjustment of
grievances. ;
17 (b) to
cause CAUSE or
attempt to cause a
public employer
18 to discriminate against a public employee in violation of
19 subdivision (c)
of subsection (1);
or (1)(C).
20 (c) to
refuse REFUSE to
bargain collectively
with a public
21 employer,
provided it IF THE
LABOR ORGANIZATION,
SUBJECT TO
22 SECTION 11, is the representative of the public employer's
23 employees.
subject to section
11.
24 Enacting section 1. This amendatory act does not take
25 effect unless Senate Bill No. 398
26 of the 91st Legislature is enacted into
27 law.
03529'01 b Final page.