2023 Senate Bill 34 / Public Act 8

Co-sponsored by Sens. Winnie Brinks (D-29), Jeremy Moss (D-7), Kevin Hertel (D-12), Kristen McDonald Rivet (D-35), Sam Singh (D-28), Mallory McMorrow (D-8), Erika Geiss (D-1), John Cherry (D-27), Rosemary Bayer (D-13), Stephanie Chang (D-3), Jeff Irwin (D-15), Sue Shink (D-14), Paul Wojno (D-10), Sean McCann (D-19), Dayna Polehanki (D-5), Veronica Klinefelt (D-11), Sylvia Santana (D-2), Mary Cavanagh (D-6) and Sarah Anthony (D-21)

1. Amend page 6, following line 21, by inserting:

“(3) An agreement between an employer and a labor organization must provide for both of the following:

(a) That if an officer of the labor organization that represents the employees in the unit is convicted of a felony related to the finances of the labor organization, an employee in the unit is not required to pay any dues or fees to the labor organization.

(b) That if an officer of the regional or national office of the labor organization that represents the employees in the unit is convicted of a felony related to the finances of the labor organization, an employee in the unit is not required to pay to the labor organization the portion of the employee’s dues or fees that would otherwise be remitted to the regional or national office.”.

1. Amend page 7, following line 9, by inserting:

“Sec. 29a. Notwithstanding section 29, the commission shall issue an order directing an election in any existing certified appropriate unit once every 2 years following the later of the effective date of the amendatory act that added this section or the date of initial certification of a bargaining representative. If the existing certified bargaining representative receives a majority of the votes cast and the majority represents at least 50% of the employees in the unit, the existing certification continues. If the certified bargaining representative does not receive a majority vote representing 50% of the employees in the unit, the existing certification terminates. If certification is terminated, the terms of the existing contract between the employees represented by the bargaining representative and the employer continue in effect for the remaining contract term except for any provisions that involve the duties of or obligations to the bargaining representative, such as union security, dues and fees, and involvement in grievance and arbitration procedures.”.

1. Amend page 3, line 21, after the first “person” by inserting “that employs 50 or more employees”.

1. Amend page 4, following line 6, by inserting:

“Sec. 8a. Every calendar quarter, each labor organization that represents employees in this state shall provide a written report to every employee in every unit that the labor organization represents and post the report on its website. Each report must include all of the following information for the immediately preceding calendar quarter:

(a) The name, salary, and amount of fringe benefits of each officer of the labor organization.

(b) The amount of money that the labor organization paid for all of the following, delineated by each payment:

(i) Political organizations or activities.

(ii) Charities.

(c) An itemized list of all of the labor organization’s expenditures not described in subdivision (b).”.

1. Amend page 6, following line 21, by inserting:

“Sec. 14a. Notwithstanding any other provision of this act, a bargaining representative shall not pay compensation to an individual who is employed by the bargaining representative that is more than 2 times the average compensation of all the employees that are members of the bargaining representative.”.

1. Amend page 6, following line 21, by inserting:

“Sec. 14a. Section 14, as amended by the amendatory act that added this section, does not apply to an employee with respect to a bargaining unit in which the employee was employed on the effective date of that amendatory act.”.

1. Amend page 6, line 1, by striking out “(1)”.

2. Amend page 6, line 9, by striking out all of subsection (2).

1. Amend page 4, following line 6, by inserting:

“Sec. 8a. Every calendar quarter, each labor organization that represents employees in this state shall provide a written report to every employee in every unit that the labor organization represents and post the report on its website. Each report must include all of the following information for the immediately preceding calendar quarter:

(a) The name, salary, and amount of fringe benefits of each officer of the labor organization.

(b) The amount of money that the labor organization paid for all of the following, delineated by each payment:

(i) Political organizations or activities.

(ii) Charities.

(c) An itemized list of all of the labor organization’s expenditures not described in subdivision (b).”.

1. Amend page 6, following line 8, by striking out 8, by striking out the balance of the section.

1. Amend page 7, following line 9, by inserting:

“Sec. 29a. Notwithstanding section 29, the commission shall issue an order directing an election in any existing certified appropriate unit every year following the later of the effective date of the amendatory act that added this section or the date of initial certification of a bargaining representative. If the existing certified bargaining representative receives a majority of the votes cast and the majority represents at least 50% of the employees in the unit, the existing certification continues. If the certified bargaining representative does not receive a majority vote representing 50% of the employees in the unit, the existing certification terminates. If certification is terminated, the terms of the existing contract between the employees represented by the bargaining representative and the employer continue in effect for the remaining contract term except for any provisions that involve the duties of or obligations to the bargaining representative, such as union security, dues and fees, and involvement in grievance and arbitration procedures.”.

1. Amend page 6, following line 21, by inserting:

“(3) An agreement between an employer and a labor organization must provide for both of the following:

(a) That if an officer of the labor organization that represents the employees in the unit is convicted of a felony related to the finances of the labor organization, an employee in the unit is not required to pay any dues or fees to the labor organization.

(b) That if an officer of the regional or national office of the labor organization that represents the employees in the unit is convicted of a felony related to the finances of the labor organization, an employee in the unit is not required to pay to the labor organization the portion of the employee’s dues or fees that would otherwise be remitted to the regional or national office.”.

1. Amend page 6, following line 21, by inserting:

“Sec. 14a. A city, county, township, or village may authorize a right-to-work zone within its boundaries by a vote of its governing body or by adoption of a measure initiated by the people. The commission shall not enforce an all-union shop agreement covering employees in a right-to-work zone if the employer entered into or renewed the agreement after the date of adoption of the measure creating the right-to-work zone.”.

1. Amend page 4, following line 6, by inserting:

“Sec. 10a. (1) A labor organization shall provide to each employee in the bargaining unit that the labor organization represents, not later than 90 days after the effective date of the amendatory act that added this section or at the time the employee becomes employed in that unit, the following statement in writing: “Under the United States Supreme Court decision Communications Workers of America v Beck, 487 US 735 (1988), an employee is not required to pay a due or fee to a labor organization that the labor organization does not use for collective bargaining, contract administration, and grievance adjustment.”.

(2) An employee may cease paying dues or fees described in subsection (1) to a labor organization at any time. A labor organization shall provide to each employee in the bargaining unit that the labor organization represents, at the time the employee becomes employed in the unit and annually, instructions in writing that explain the labor organization’s process for ceasing these payments.

(3) A labor organization that violates subsection (1) or (2) or that prohibits an employee from exercising the employee’s right under subsection (2) is subject to a civil fine of not more than $250.00 for each violation.”.

1. Amend page 6, line 9, after “year” by striking out “2023-2024,” and inserting “2022-2023,”.