HB 4725

HOUSE BILL NO. 4725
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 1 (MCL 423.201), as amended by 2024
PA 145.
the people of the state of michigan enact:
Sec. 1. (1) As used in this act:
(a)
"Bargaining representative" means a labor organization recognized by
an employer or certified by the commission as the sole and exclusive bargaining
representative of certain employees of the employer.
(b)
"Commission" means the employment relations commission created in
section 3 of 1939 PA 176, MCL 423.3.
(c)
"Intermediate school district" means that term as defined in section
4 of the revised school code, 1976 PA 451, MCL 380.4.
(d)
"Lockout" means the temporary withholding of work from a group of
employees by shutting down the operation of the employer to bring pressure upon
the affected employees or the bargaining representative, or both, to accept the
employer's terms of settlement of a labor dispute.
(e) "Public
employee" means, except as otherwise provided in subdivisions subdivision (f), and (g), an
individual holding a position by appointment or employment in the government of
this state, in the government of 1 or more of the political subdivisions of
this state, in the public school service, in a public or special district, in
the service of an authority, commission, or board, or in any other branch of
the public service. Public employee includes both all of the following:
(i) An individual serving as a graduate
student research assistant or in an equivalent position.
(ii) An individual designated by the
legislature as a public employee. The legislature may designate an individual
as a public employee only for the purpose of collective bargaining. The
designation does not render the individual an employee of this state or political
subdivision of this state for any purpose other than the limited purpose
authorized by the legislature.
(iii) A student participating in
intercollegiate athletics on behalf of a public university in this state.
(f) An individual
employed by a private organization or entity who provides services under a
time-limited contract with this state or a political subdivision of this state
is not an employee of this state or that political subdivision, and is not a
public employee.
(g) A student participating in intercollegiate athletics on
behalf of a public university in this state is not a public employee entitled
to representation or collective bargaining rights under this act.
(g) (h) "Public
school academy" means a public school academy or strict discipline academy
organized under the revised school code, 1976 PA 451, MCL 380.1 to 380.1852.
(h) (i) "Public
school employer" means a public employer that is any of the following:
(i) The board of a school district, an
intermediate school district, or a public school academy.
(ii) The governing board of a joint endeavor
or consortium consisting of any combination of school districts, intermediate
school districts, or public school academies.
(i) (j) "School
district" means that term as defined in section 6 of the revised school
code, 1976 PA 451, MCL 380.6, or a local act school district as defined in
section 5 of the revised school code, 1976 PA 451, MCL 380.5.
(j) (k) "Strike"
means the concerted failure to report for duty, the willful absence from one's
position, the stoppage of work, or the abstinence in whole or in part from the
full, faithful, and proper performance of the duties of employment for the purpose
of inducing, influencing, or coercing a change in employment conditions,
compensation, or the rights, privileges, or obligations of employment. For
employees of a public school employer, strike also includes an action described
in this subdivision that is taken for the purpose of protesting or responding
to an act alleged or determined to be an unfair labor practice committed by the
public school employer.
(2) This act does
not limit, impair, or affect the right of a public employee to the expression
or communication of a view, grievance, complaint, or opinion on any matter
related to the conditions or compensation of public employment or their
betterment as long as if the expression or communication does not interfere
with the full, faithful, and proper performance of the duties of employment.