Detroit Public Schools Update

The Senate Education Committee on Tuesday reported a three-bill package to respond to teachers “sickouts” at Detroit Public Schools.

SB 713 requires the Superintendent of Public Instruction to notify the Michigan Employment Relations Commission (MERC) when a teacher strikes, whether a full or partial day. It also requires the commission to conduct a hearing within two days of the notice (currently 60 days) to determine if there has been a violation of state strike laws. The bill also allows a court that could enjoin a strike or lockout to fine additionally or offer relief if necessary. The fines are defined in accordance with strike versus lockout, and fines can be placed so long as the sanction was not equitable or duplicative of one imposed by the commission.

An S-2 substitute adopted included punishments for unions affiliated with prohibited conduct, such as: the public school employer must stop collecting dues or service fees if a violation of the law occurs; the incumbent bargaining representative, its parent organization or affiliates are not able to represent the unit five years after confirmed prohibited conduct occurred; conduct an election to certify a different bargaining representative should the prior occur, and do so within 90 days of termination.

SB 714 requires the Superintendent of Public Instruction to notify a teacher who is suspected of engaging in a strike that his or her certificate could be suspended or revoked, and of their right to an administrative hearing. If the teacher failed to take advantage of that hearing, their teaching certificate would be revoked. Otherwise, the Superintendent must issue a decision and order within 120 business days of the hearing whether a strike occurred; if so, the teacher’s certificate would be suspended for two years.

SB 715 details the consequences if a school fails to comply with an order of the commission to deduct a fine from an employee’s salary; the district or intermediate school district would forfeit an amount equal to 5 percent of the total state school aid.

The bills passed along party lines.

posted by PAA Online , Friday, February 5, 2016 10:18 AM
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