2011 House Bill 4309 / Public Act 261

Revise consolidated government employee transfer restrictions

Introduced in the House

Feb. 22, 2011

Introduced by Rep. Eileen Kowall (R-44)

To repeal a law that prohibits the consolidation of police and fire services between local governments unless any transferred employees keep the same pay, status and benefits that they had in their prior position. The bill would allow a consolidated service arrangement to not be bound by the transferred government employees' previous union contract, wages, pension provisions, insurance benefits, work rules, seniority, etc. Employees would keep any accrued pension benefits, as required by the state constitution.

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

March 17, 2011

Reported without amendment

Without amendment and with the recommendation that the bill pass.

March 23, 2011

Substitute offered by Rep. Jim Townsend (D-26)

To replace the previous version of the bill with one that does not allow the consolidated service to not be bound by previous government employee union contracts.

The substitute failed by voice vote

March 24, 2011

Passed in the House 63 to 47 (details)

To repeal a law that prohibits the consolidation of police and fire services between local governments unless any transferred employees keep the same pay, status and benefits that they had in their prior position. The bill would allow a consolidated service arrangement to not be bound by the transferred government employees' previous union contract, wages, pension provisions, insurance benefits, work rules, seniority, etc. Employees would keep any accrued pension benefits, as required by the state constitution.

Received in the Senate

April 12, 2011

Referred to the Committee on Reforms, Restructuring, and Reinventing

June 22, 2011

Reported without amendment

With the recommendation that the substitute (S-1) be adopted and that the bill then pass.

Substitute offered

To replace the previous version of the bill with one that essentially restates the current law by establishing that the transferred employees are subject to the terms of their previous union contract. The House version eliminated the mandate for consolidated service providers to continue those terms.

The substitute passed by voice vote

June 30, 2011

Amendment offered by Sen. Mark Jansen (R-28)

To replace the previous version of the bill with one that revises details but does not change the substance as previously described.

The amendment passed by voice vote

Amendment offered by Sen. Dave Hildenbrand (R-29)

To reinforce duty of a new service provider to retain the union contract provisions of government employees tranferred to it (if not the actual contract itself), and clarify the application of this mandate to certain employees not covered by the union contract.

The amendment passed by voice vote

Passed in the Senate 24 to 14 (details)

To revise details of a law that prohibits the consolidation of services between local governments unless any transferred employees keep the same same pay, status and benefits that they had in their prior position. Employees would no longer automatically be granted the same benefits, work rules, seniority, etc.

Received in the House

June 30, 2011

Substitute offered by Rep. Paul Opsommer (R-93)

The substitute passed by voice vote

Passed in the House 61 to 47 (details)

To concur with the Senate-passed version of the bill, which essentially restates the current law by establishing that the transferred employees are subject to the terms of their previous union contract.

In the Senate

June 30, 2011

Motion to reconsider by Sen. Arlan Meekhof (R-30)

To reconsider the vote by which the bill was passed, so as to adopt another amendment.

The motion passed by voice vote

Received

To revise details of a law that prohibits the consolidation of services between local governments unless any transferred employees keep the same same pay, status and benefits that they had in their prior position. Unlike the House-passed bill, which eliminated these mandates, the Senate version essentially restates the current law by establishing that the transferred employees are subject to the terms of their previous union contract.

Passed in the Senate 25 to 12 (details)

Sept. 13, 2011

Received

Nov. 2, 2011

Amendment offered by Sen. Dave Hildenbrand (R-29)

To essentially replace the previous provisions of the bill with a requirement that transferred employees have the same union contract and/or terms and conditions of employment for at least 180 days after being transferred to a consolidated service authority, and they could engage in collective bargaining over these matters before the transfer. Also, to combine all the employees being transferred into a single seniority list for purposes of making assignments, lay-offs, etc., unless some other arrangment is mutually agreed. Employees would no longer automatically be granted the same benefits, work rules, seniority, etc.

The amendment passed by voice vote

Passed in the Senate 26 to 11 (details)

To establish that government employees transferred when local governments consolidate services would not automatically retain the same union contract and/or terms and conditions of employment, except for at least 180 days after being transferred. The transferred employees could engage in collective bargaining over these matters before the transfer. Also, to combine all the employees being transferred into a single seniority list for purposes of making assignments, lay-offs, etc., unless some other arrangment is mutually agreed. Employees would no longer automatically be granted the same benefits, work rules, seniority, etc.

Received in the House

Nov. 2, 2011

Nov. 3, 2011

Passed in the House 75 to 33 (details)

To establish that government employees transferred when local governments consolidate services would not automatically retain the same union contract and/or terms and conditions of employment, except for at least 180 days after being transferred. All transferred employees would be combined into a single seniority list for purposes of making assignments, lay-offs, etc., unless some other arrangment is mutually agreed.

Nov. 29, 2011

Motion to reconsider

The motion passed by voice vote

Received in the Senate

Nov. 30, 2011

Motion to reconsider by Sen. Arlan Meekhof (R-30)

The vote by which the House substitute to the Senate substitute as amended was concurred in.

The motion passed by voice vote

Amendment offered by Sen. Mark Jansen (R-28)

To clarify that the consolidated authority would not have any powers beyond those provided in the agreement creating it.

The amendment passed by voice vote

Passed in the Senate 26 to 11 (details)

To pass the bill again with a provision clarifying that the consolidated authority would not have any powers beyond those provided in the agreement creating it.

Received in the House

Nov. 30, 2011

Passed in the House 72 to 34 (details)

Signed by Gov. Rick Snyder

Dec. 13, 2011