SENATE BILL NO. 477

A bill to amend 1947 PA 336, entitled

"An act to prohibit strikes by certain public employees; to provide review from disciplinary action with respect thereto; to provide for the mediation of grievances and the holding of elections; to declare and protect the rights and privileges of public employees; to require certain provisions in collective bargaining agreements; to prescribe means of enforcement and penalties for the violation of the provisions of this act; and to make appropriations,"

by amending section 11 (MCL 423.211).

the people of the state of michigan enact:

Sec. 11. (1) Representatives A representative designated or selected for purposes of collective bargaining by the majority of the public employees in a unit appropriate for such those purposes , shall be is the exclusive representatives representative of all the public its member employees in such the unit for the purposes of collective bargaining in respect to rates of pay, wages, hours of employment, or other conditions of employment, and shall must be so recognized as the exclusive representative by the public employer. : Provided, That any However, an individual employee at any time may present grievances to his or her employer and have the grievances adjusted, without intervention of the bargaining representative. , if If the employee is a member of the bargaining representative, the adjustment is must not be inconsistent with the terms of a collective bargaining contract or agreement then in effect, provided that and the bargaining representative has been must be given opportunity to be present at such the adjustment.

(2) A bargaining representative does not have a duty to represent a public employee who is a member of the bargaining representative in a grievance proceeding if all of the following conditions are met:

(a) The public employee is a public police employee.

(b) A disciplinary action taken against the public employee is the issue of the grievance proceeding.

(c) The bargaining representative determines that contesting the disciplinary action described in subdivision (b) would be without merit.

Enacting section 1. This amendatory act takes effect 90 days after the date it is enacted into law.