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Providing public employees with democratically accountable union representation would only require small additions to Michigan’s current labor law. Below is model legislation that would accomplish this policy change.
Model Legislation
No existing [collective bargaining representative/exclusive representative] as defined in [labor statute] shall continue to represent [public employees] in a unit without the concurrence of a majority of all [public employees] in the unit.
1. The [board/commission] shall direct a secret ballot election to certify the existing [collective bargaining representative/exclusive representative] retains support of a majority of all [public employees] in the unit.
a. The [board/commission] shall promulgate rules to preserve the purity of elections and to preserve the secrecy of the ballot.
i. The [board/commission] shall determine whether elections shall be conducted in person, by mail, by telephone, by internet-based systems or by any other means determined by the [board/commission] to be fair, confidential and reliable. The board shall allow represented [public employees] to cast ballots for a period of [seven days/time prescribed in labor statute.]
ii. The [board/commission] may establish a fee schedule from [collective bargaining representative/exclusive representative] participating in elections conducted under this section for the purpose of funding the elections.
b. Should the existing [collective bargaining representative/exclusive representative] receive votes from a majority of all [public employees] in the unit, the pre-existing certification shall continue. If the existing [collective bargaining representative/exclusive representative] fails to receive votes from a majority of all [public employees] in the unit, the [board/commission] shall decertify the [collective bargaining representative/exclusive representative] and the [public employees] shall be unrepresented.
c. In the event of a termination of certification, the terms of any pre-existing contract between the [collective bargaining representative/exclusive representative] and the [public employer] shall continue and remain in effect for the remaining contract term except for any provisions involving, in any manner, the [collective bargaining representative/exclusive representative], including but not limited to, union security, dues and fees, and grievance and arbitration.
2. [Public employees] may certify a new [collective bargaining representative/exclusive representative] in accordance with [labor statute] so long as the [public employees] are not included with a substantially similar or affiliated [labor organization or bargaining representative] to the decertified [labor organization or bargaining representative] for 12 months from the date of decertification.
3. The [board/commission] shall start directing elections to certify majority support of existing [collective bargaining representative/exclusive representative] not less than two and not more than three years after the effective date of this act and every even numbered year thereafter; elections shall occur no earlier than August 1 and no later than December 1.
