2023 Senate Bill 5

Labor: collective bargaining; requirement for agency fee for nonunion members; allow in bargaining agreements and as condition of employment in public sector.

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 sections 9, 10, and 15 (MCL 423.209, 423.210, and 423.215), as amended by 2014 PA 414.

AI Analysis – Experimental

Senate Bill No. 5 proposes changes to sections 9, 10, and 15 of the 1947 Public Act 336, focusing on prohibiting public employers and labor organizations from mistreating public employees, including discrimination and refusal to bargain collectively. It mandates annual verification and public disclosure of labor organizations' expenditures related to collective bargaining activities. The bill specifies collective bargaining obligations and restrictions for public school employers, detailing non-negotiable subjects such as employee group insurance, school year start dates, and decisions related to personnel policies, among others. It also outlines that matters like the discharge or discipline of employees, classroom observations, performance-based compensation, and parental notification requirements are within the sole authority of the public school employer and are prohibited subjects of bargaining. Additionally, the bill includes provisions related to the powers of emergency managers under the local financial stability and choice act, indicating that collective bargaining agreements may be rejected, modified, or terminated in accordance with this act. It clarifies the bargaining rights and restrictions during the term of a consent agreement under the same act and specifies that certain decisions, such as entering into intergovernmental agreements and the selection of retirant members for municipal pension boards in large municipalities, are also prohibited subjects of bargaining.