Michigan Association of Police

Ladies and Gentlemen

A week that was supposed to be quiet ended up with quite a bit of activity.

Worker's Comp - HB 5002 was passed by the House of Representatives 59-49, with 4 Republicans joining all the Democrats in voting No. We were successful in eliminating the mental health provisions in the bill but we are still going to have to battle on the issues of "phantom" wages and access to one's own physician. This bill was viewed as a campaign thank you to the Chamber of Commerce from the House Republicans. We believe we have more fertile ground in the Senate to make improvements in the bill. We will most likely send the floor memo we sent to the House to all Senate members this coming Tuesday so they are aware of our continued concern with some provisions in the bill.

Paid Union Positions - HB 4059, which passed the House back in April, was finally given a hearing in the Senate. Testimony was taken from mostly education groups and there appears to be recognition that the demands on public safety are different from the classroom. There has been a substitute version of the bill prepared but that was not adopted yesterday as no official action was taken, only testimony. In a separate conversation with the Governor's legislative liaison, the statement was made that the Snyder Administration is open to fixing this for police and fire. The substitute that we have ready to go does just that. There was no indication given as to whether there would be another hearing scheduled for next week.

Consolidation - There was a sudden initiative to make progress on the municipal consolidation bill, HB 4309-4310-4311. The Senate leadership circulated new language that was forwarded to you on Tuesday evening. This language is being inserted in bills as they go back and forth between the Senate and the House. We can expect final passage either today or Tuesday of next week.

It does the following:

1. Affirms the right of local governmental units to consolidate - We have acknowledge that in the past

2. Allows for "impact" bargaining as a permissive item of bargaining - While not mandated, they have at least acknowledge our concerns about the importance of ?"impact" bargaining

3. Clarifies that no employment relationship exists between employees and the new authority.

4. Makes an authority effective 180 days before the actual transfer of equipment and responsibility. Before that effective date, the participating units of government have to put in writing the names of the employees who will be transferred to the authority.

5. The terms and conditions of a labor agreement are in effect until modified or until 6 months after the transfer to the authority. Negotiations of the new authority contract must begin 180 days before the employees transfer to the authority.

6. The union representation of those employees will stay in effect under the new authority.

7. Employees may seek new representation and are eligible to assert that they are not represented on the day the authority takes effect.

8. If multiple labor groups represent all or part of the employees of the new authority, if there is not a mutual agreement on new representation, a new election will be conducted under MERC auspices.

9. If no agreement is in place between groups, the workforce shall be merged by using a single seniority list. This list will have all employees from each participating municipality employed or having recall rights on the date of transfer to the authority. The list will be used for initial assignment, layoffs, recalls, job bidding and any other potential use. Disputes over ranking on the seniority list will be heard by a single arbitrator from MERC.

10. Nothing in the act requires a municipality or an authority to assume a collective bargaining agreement between another municipality and its employees. This language is going to be used to cover collective bargaining, seniority and impact bargaining in all the consolidation legislation.

Just when you thought it was safe to go back in the water.

Jim