2023 Senate Bill 185 / Public Act 237

Labor: collective bargaining; definition of public employee in 1947 PA 336; remove exclusion of certain graduate assistants from.

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 amending section 1 (MCL 423.201), as amended by 2014 PA 414.

Mackinac Center Analysis

Expands the definition of public employee to include graduate student research assistants, providing them the ability to collectively bargain.

Introduced in the Senate

March 15, 2023

Introduced by Sen. Jeff Irwin (D-15) and four co-sponsors

Co-sponsored by Sens. Erika Geiss (D-1), Dayna Polehanki (D-5), Jeremy Moss (D-7) and Stephanie Chang (D-3)

Referred to the Committee on Labor

April 20, 2023

Reported with substitute S-5

April 25, 2023

Referred to the Committee of the Whole

Reported with substitute S-5

Substitute S-5 concurred in by voice vote

April 26, 2023

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

1. Amend page 5, following line 3, by inserting:

“(3) If an individual serving as a graduate student research assistant or in an equivalent position engages in a strike, a student who attends the college or university of that individual and whose instructional time was reduced as a result of the strike may bring an action against the bargaining representative of the individual to recover damages of not more than $10,000.00.”.

The amendment failed 18 to 19 (details)

Amendment offered by Sen. Roger Hauck (R-34)

1. Amend page 5, following line 3, by inserting:

“(3) Every year, 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 require the public employee to pay dues or fees to the bargaining representative unless the public employee consents.”.”.

The amendment failed 17 to 20 (details)

Passed in the Senate 20 to 17 (details)

Received in the House

April 26, 2023

Referred to the Committee on Labor

Sept. 28, 2023

Reported without amendment

Nov. 9, 2023

Passed in the House 56 to 51 (details)

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

The motion prevailed by voice vote

Signed by Gov. Gretchen Whitmer

Nov. 30, 2023