OPEN MEETINGS EXEMPTION

FOR EMPLOYMENT RELATIONS COMMISSION

House Bill 4772

Sponsor:  Rep. Deb Kennedy

Committee:  Labor

Complete to 12-14-09

A SUMMARY OF HOUSE BILL 4772 AS INTRODUCED 4-2-09

House Bill 4772 would amend the Michigan Open Meetings Act to create an exemption from the act for the Michigan Employment Relations Commission.

The Open Meetings Act exempts certain agencies from the its requirements, including the Worker's Compensation Appeal Board, the Employment Security Board of Review, the State Tenure Commission, an arbitrator or arbitration panel appointed by the Employment Relations Commission, and the Public Service Commission.  House Bill 4772 would retain those provisions, and add another:  the Employment Relations Commission created under Public Act 176 of 1939.

The bill would also eliminate an outdated provision of the act concerning an exemption for health care arbitration, a provision repealed by Public Act 78 of 1993.

[Note:  The primary function of the Michigan Employment Relations Commission is to administer the Public Employment Relations Act.  The commission, with the assistance of the staff of the Bureau of Employment Relations and administrative law judges from the State Office of Administrative Hearings and Rules, adjudicates alleged statutory violations of labor law, including unfair labor practices, disputes over bargaining unit composition, and other issues related to public employee representation. The commission's decisions are made after an administrative law judge issues a recommended order.  Commission decisions are appealed directly to the Michigan Court of Appeals.]

MCL 15.263

FISCAL IMPACT:

House Bill 4772 will have little or no fiscal impact on the state.

                                                                                           Legislative Analyst:   J. Hunault

                                                                                                  Fiscal Analyst:   Ben Gielczyk

This analysis was prepared by nonpartisan House staff for use by House members in their deliberations, and does not constitute an official statement of legislative intent.