2012 Senate Bill 971

Limit unionization of grad student research assistants

Introduced in the Senate

Feb. 15, 2012

Introduced by Sen. Randy Richardville (R-17)

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. 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.

Referred to the Committee on Government Operations

Feb. 22, 2012

Reported without amendment

With the recommendation that the amendment be adopted and that the bill then pass.

Amendment offered

To only exempt grad student research assistants from being deemed "employees" subject to unionization if the work they do does not meet an IRS "20 factor test" of employee status.

The amendment 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.

Received in the House

Feb. 22, 2012

Referred to the Committee on Government Operations

Feb. 29, 2012

Reported without amendment

Without amendment and with the recommendation that the bill pass.

March 1, 2012

Amendment offered by Rep. Vicki Barnett (D-37)

To leave the decision on whether student research assistants are "employees" who can be forced to pay union dues or fees to the Michigan Employment Relations Commission, which is essentially the status quo without the bill.

The amendment failed by voice vote

Passed in the House 62 to 45 (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.