HB-4309, As Passed House, March 24, 2011
February 22, 2011, Introduced by Rep. Kowall and referred to the Committee on Local, Intergovernmental, and Regional Affairs.
A bill to amend 1988 PA 57, entitled
"An act to provide for the incorporation by 2 or more
municipalities of certain authorities for the purpose of providing
emergency services to municipalities; to provide for the powers and
duties of authorities and of certain state and local agencies and
officers; to guarantee certain labor contracts and employment
rights in regard to the formation and reorganization of
authorities; to provide for certain condemnation proceedings; to
provide for fees; to provide for the levy of property taxes for
certain purposes; and to prescribe penalties and provide remedies,"
by amending the title and section 10 (MCL 124.610), the title as
amended by 2006 PA 652.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
TITLE
An act to provide for the incorporation by 2 or more
municipalities of certain authorities for the purpose of providing
emergency services to municipalities; to provide for the powers and
duties of authorities and of certain state and local agencies and
officers;
to guarantee certain labor contracts and employment
rights
in regard to the formation and reorganization of
authorities;
to provide for certain condemnation
proceedings; to
provide for fees; to provide for the levy of property taxes for
certain purposes; and to prescribe penalties and provide remedies.
Sec. 10. (1) Except as provided in subsection (2), employees
of a municipal emergency service whose duties are transferred to an
authority formed under this act shall be given comparable positions
of employment with the emergency service established by the
authority. ,
and shall maintain their seniority status and all
benefit
rights of the position held in the municipal emergency
response
service before the transfer.
(2) If sufficient positions of comparable employment are not
available for all employees at the time of transfer, a less senior
employee who is not transferred to a comparable position shall be
placed on layoff status with the authority's emergency service and
shall be recalled to any position for which he or she may qualify,
which may occur after a reasonable training period, or as soon as
vacancies occur, or both. The layoff status, or any layoff list,
shall not be mandatorily honored beyond 3 years from the date of
layoff. The authority shall determine the number of positions
necessary to perform any emergency service, and shall not be
required to create or maintain unnecessary positions.
(3) An authority may bargain collectively and enter into
agreements
with labor organizations pursuant to Act No. 336 of the
Public
Acts of 1947, being sections 423.201 to 423.216 of the
Michigan
Compiled Laws. When the duties of a municipal emergency
service
are transferred to an authority, the authority immediately
shall
assume and be bound by any existing labor agreements
applicable
to that municipal service for the remainder of the term
of
the labor agreement. Subject to the provision of subsection (2),
the
members and beneficiaries of any pension or retirement system
or
other benefits established by a municipal emergency service
which
is transferred to an authority shall have the same rights,
privileges,
benefits, obligations, and status with respect to the
comparable
systems established by the authority. under 1947 PA 336,
MCL 423.201 to 423.217. A representative of the employees or any
group of employees in a municipal emergency service who represent
or are entitled to represent the employees or a group of employees
of
the municipal service , pursuant to Act No. 336 of the Public
Acts
of 1947, under 1947 PA 336,
MCL 423.201 to 423.217, shall
continue to represent the employee or group of employees after the
employees are transferred to an authority's emergency service. This
subsection does not limit the rights of employees, pursuant to
applicable law, to assert that a bargaining representative
protected by this subsection is no longer their representative.
(4) An employee who left the employ of the municipal emergency
response service to enter the military service of the United States
shall have the same employment rights as to the emergency service
as they would have had under the municipal emergency response
service
pursuant to Act No. 263 of the Public Acts of 1951, being
sections
35.351 to 35.356 of the Michigan Compiled Laws. under 1951
PA 263, MCL 35.351 to 35.356.