2023 House Bill 4044 / Public Act 113

Labor: public service employment; provisions related to the collection of union dues by public school personnel and the freezing of wages and benefits for certain public employees during contract negotiations; repeal.

An act 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 repealing section 15b (MCL 423.215b).

Mackinac Center Analysis

School districts will have to pay for benefit and salary increases that are built into their expired contracts. This strengthens the unions' bargaining power, because they have less of a reason to negotiate a new contract if their members are still getting pay raises when the contract is expired.

Introduced in the House

Jan. 26, 2023

Introduced by Rep. Matt Koleszar (D-22) and 18 co-sponsors

Co-sponsored by Reps. Dylan Wegela (D-26), Lori Stone (D-13), Samantha Steckloff (D-19), Regina Weiss (D-6), Penelope Tsernoglou (D-75), Jaime Churches (D-27), Christine Morse (D-40), Nate Shannon (D-58), Natalie Price (D-5), Brenda Carter (D-53), Kevin Coleman (D-25), Carol Glanville (D-84), Kelly Breen (D-21), Jennifer Conlin (D-48), Will Snyder (D-87), Julie Rogers (D-41), Amos O’Neal (D-94) and Alabas Farhat (D-3)

Referred to the Committee on Labor

March 16, 2023

Reported without amendment

June 20, 2023

Passed in the House 56 to 53 (details)

Motion to give immediate effect by Rep. Abraham Aiyash (D-9)

The motion prevailed by voice vote

Received in the Senate

June 21, 2023

Referred to the Committee on Labor

June 27, 2023

Reported without amendment

June 28, 2023

Referred to the Committee of the Whole

Reported without amendment

Amendment offered by Sen. Thomas Albert (R-18)

1. Amend page 1, following “THE PEOPLE OF THE STATE OF MICHIGAN ENACT:” by inserting:

“Sec. 10a. Every 90 days, a bargaining representative shall provide to each public employee in the bargaining unit that the bargaining representative represents the following statement in writing: “Under the United States Supreme Court decision Janus v AFSCME, Council 31, ___US___; 138 S Ct 2448 (2018), it is a violation of a public employee’s first amendment free speech rights for a public-sector bargaining representative to extract agency fees or union security fees from the public employee unless the public employee consents.”.”.

The amendment failed 17 to 20 (details)

Passed in the Senate 20 to 17 (details)

Signed by Gov. Gretchen Whitmer

July 27, 2023