2011 House Bill 4246 / 2012 Public Act 45

Limit unionization of grad student research assistants

Introduced in the House

Feb. 10, 2011

Introduced by Rep. Al Pscholka (R-79)

To require government and school employee union contracts to include a provision stating that an Emergency Financial Manager appointed by the state to clean up the fiscal affairs of a financially failing local government or school district may reject, modify or terminate the union’s collective bargaining agreement. Note: The tagline above describes the substitute adopted by the Senate, which changed the bill's purpose.

Referred to the Committee on Local, Intergovernmental, and Regional Affairs

Feb. 17, 2011

Reported without amendment

Without amendment and with the recommendation that the bill pass.

Feb. 23, 2011

Amendment offered by Rep. Al Pscholka (R-79)

To require House Bill 4214 become law for this one to, but not the other bills in the package revising references in varioua other statutes.

The amendment passed by voice vote

Passed in the House 62 to 47 (details)

To require government and school employee union contracts to include a provision stating that an Emergency Financial Manager appointed by the state to clean up the fiscal affairs of a financially failing local government or school district may reject, modify or terminate the union’s collective bargaining agreement. See House Bill 4214.

Received in the Senate

Feb. 24, 2011

Referred to the Committee on Education

March 7, 2012

Motion by Sen. Arlan Meekhof (R-30)

That the Committee on Education be discharged from further consideration of the bill.

The motion passed 26 to 12 (details)

Substitute offered

To replace the previous contents of the bill with those of Senate Bill 971b banning unionization of grad student research assistants. This is parliamentary maneuver to get the new provision into law with "immediate effect" before U of M student researchers are unionized in an upcoming Michigan Employment Relations Commission meeting. Note: "Immediate effect" requires a two-thirds vote, which Republicans have in the Senate, but not in the House. However, the House had approved "immediate effect" for the previous version of this bill, which supposedly still "counts" even though the new version is very different. If challenged in court, a key question would be whether the immediate effect threshold is supposed to be enforced by the Legislature itself or by the courts..

The substitute passed by voice vote

Passed in the Senate 26 to 12 (details)

To establish that state university graduate students who work as research assistants are not considered government employees for purposes of enrolling them into a union, if their work terms do not meet an IRS "20 factor test" for employee status. This relates to a <a href="http://www.michigancapitolconfidential.com/depts/edit/9051">Mackinac Center lawsuit</a> filed on behalf of graduate student research assistants (GSRAs) at the University of Michigan. See also <a href="http://www.michiganvotes.org/2011-HB-4003">House Bill 4003</a>, which would more broadly prohibit “stealth unionizations,” including an ongoing one involving home heath care aides and the SEIU union. Note: Originally introduced with a different purpose, the Senate amended this bill in a parliamentary maneuver to get the provision into law before UM student researchers are unionized in an upcoming Michigan Employment Relations Commission meeting..

Motion by Sen. Arlan Meekhof (R-30)

That the bill be given immediate effect.

The motion passed 26 to 12 (details)

Received in the House

March 7, 2012

Passed in the House 63 to 47 (details)

To establish that state university graduate students who work as research assistants are not considered government employees for purposes of enrolling them into a union, if their work terms do not meet an IRS "20 factor test" for employee status. This relates to a <a href="http://www.michigancapitolconfidential.com/depts/edit/9051">Mackinac Center lawsuit</a> filed on behalf of graduate student research assistants (GSRAs) at the University of Michigan. See also <a href="http://www.michiganvotes.org/2011-HB-4003">House Bill 4003</a>, which would more broadly prohibit “stealth unionizations,” including an ongoing one involving home heath care aides and the SEIU union. Note: Originally introduced with a different purpose, the Senate amended this bill in a parliamentary maneuver to get the provision into law before UM student researchers are unionized in an upcoming Michigan Employment Relations Commission meeting.

Signed by Gov. Rick Snyder

March 13, 2012