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Teacher Strike Legislation Reported from Committee

Feb 05, 2016

This week the Senate Education Committee reported a three-bill package aiming to reinforce Michigan’s current law barring teachers from striking, including court imposed fines of those participating in a strike.  The package is comprised of several provisions, including requiring the Michigan Employment Relations Commission to be notified by the superintendent of a public school employee’s strike.  A hearing must then be held within two days to determine if any laws were broken, if it’s determined they were, the commission would be required to impose fines.  Additionally, the legislation requires a teacher suspected to have participated in a strike, to be notified by the superintended that as a result their certificate could be revoked.  However, that teacher does have the right to an administrative hearing.  Within 120 days of the hearing, the superintendent must determine if the teacher participated in a strike, if they did participate their certificate would be suspended for a minimum of two years.   The package states that if a school district fails to deduct fines from an employee’s salary, they would forfeit 5% of state school aid they are owed.

One of the bills lays out repercussions for unions that are associated with a strike.  If it is determined a strike occurred, an employer must stop collecting dues, the union would be ineligible for five years to represent a bargaining unit, and there would be an election to certify a new bargaining representative within 90 days of the prior one being decertified. 

The three-bill package has been sent to the Senate floor for further consideration.

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