November 10, 2010, Introduced by Rep. Roberts and referred to the Committee on Labor.
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;
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:
Sec.
10. (1) It shall be unlawful for a It is an unfair labor
practice for a public employer or an officer or agent of a public
employer to do any of the following:
(a) to interfere Interfere
with, restrain, or coerce public
employees
in the exercise of their rights guaranteed in section 9.;
(b) to initiate, Initiate,
create, dominate, contribute to, or
interfere with the formation or administration of any labor
organization, :
Provided, That except that a public employer shall
not
be prohibited from permitting may
permit employees to confer
with
it during working hours without loss of time or pay.;
(c) to discriminate Discriminate in regard to hire, terms, or
other
conditions of employment in order to encourage or discourage
membership
in a labor organization. : Provided further, That
However,
nothing in this act or in any law of this state shall
preclude
precludes a public employer from making an agreement with
an exclusive bargaining representative as defined in section 11 to
require as a condition of employment that all employees in the
bargaining unit pay to the exclusive bargaining representative a
service fee equivalent to the amount of dues uniformly required of
members
of the exclusive bargaining representative.;
(d) to discriminate Discriminate against a public employee
because he or she has given testimony or instituted proceedings
under
this act.; or
(e) to refuse Refuse to bargain
collectively with the
representatives of its public employees, subject to the provisions
of section 11.
(2)
It is the purpose of this amendatory act 1973 PA 25 to
reaffirm the continuing public policy of this state that the
stability and effectiveness of labor relations in the public sector
require,
if such the requirement is negotiated with the public
employer, that all employees in the bargaining unit shall share
fairly in the financial support of their exclusive bargaining
representative by paying to the exclusive bargaining representative
a service fee which may be equivalent to the amount of dues
uniformly required of members of the exclusive bargaining
representative.
(3)
It shall be unlawful is an
unfair labor practice for a
labor organization or its agents to do any of the following:
(a) to restrain Restrain
or coerce any of the following:
(i) public Public employees
in the exercise of the rights
guaranteed
in section 9, : Provided, That except that this
subdivision
shall subparagraph does not impair the right of a labor
organization to prescribe its own rules with respect to the
acquisition
or retention of membership.therein; or
(ii) a A public
employer in the selection of its
representatives for the purposes of collective bargaining or the
adjustment
of grievances.;
(b) to cause Cause or attempt to cause a
public employer to
discriminate
against a public employee in violation of subdivision
(c)
of subsection (1); or subsection
(1)(c).
(c) to refuse Refuse to bargain
collectively with a public
employer,
provided it if the labor
organization is the
representative of the public employer's employees subject to
section 11.
(4) It is a violation of a public employer's duty to bargain
collectively and an unfair labor practice to modify or eliminate
any existing term or condition of employment unilaterally,
including, but not limited to, provisions regarding arbitrating
grievances and deducting dues or service fees, until the parties
have bargained to impasse on a collective bargaining agreement,
regardless of whether any prior agreement has expired or is
otherwise terminated.