Michigan Compiled Laws
Act 336 of 1947 - Public Employment Relations (423.201 - 423.217)
Section 423.215b - Expiration Date of Collective Bargaining Agreement; Wages and Benefits; Levels and Amounts; Retroactive Levels and Amounts Prohibited; Provisions Applicable to Labor Disputes Submitted to Compulsory Arbitration; Definitions.

Sec. 15b.
(1) Except as otherwise provided in this section, after the expiration date of a collective bargaining agreement and until a successor collective bargaining agreement is in place, a public employer shall pay and provide wages and benefits at levels and amounts that are no greater than those in effect on the expiration date of the collective bargaining agreement. The prohibition in this subsection includes increases that would result from wage step increases. Employees who receive health, dental, vision, prescription, or other insurance benefits under a collective bargaining agreement shall bear any increased costs of maintaining those benefits that occur after the expiration date. The public employer may make payroll deductions necessary to pay the increased costs of maintaining those benefits.
(2) Except as provided in subsection (3) or (4), the parties to a collective bargaining agreement shall not agree to, and an arbitration panel shall not order, any retroactive wage or benefit levels or amounts that are greater than those in effect on the expiration date of the collective bargaining agreement.
(3) For a collective bargaining agreement that expired before June 8, 2011, the requirements of this section apply to limit wages and benefits to the levels and amounts in effect on June 8, 2011.
(4) All of the following apply to a public employee eligible to submit labor disputes to compulsory arbitration under 1969 PA 312, MCL 423.231 to 423.247:
(a) Subsection (1) does not prohibit wage or benefit increases, including step increases, expressly authorized under the expired collective bargaining agreement.
(b) The increase in employee costs for maintaining health, dental, vision, prescription, or other insurance benefits after the collective bargaining contract expiration date that the employee is required to bear under subsection (1) shall not cause the total employee costs for those benefits to exceed the amount of the employee's share under the publicly funded health insurance contribution act, 2011 PA 152, MCL 15.561 to 15.269. If the public employer is exempt from the limitations of that act, the total employee costs for those benefits shall not exceed the higher of the minimum required employee share under section 3 or 4 of the publicly funded health insurance contribution act, 2011 PA 152, MCL 15.563 and 15.264, calculated as if the public employer were subject to that act.
(c) Subsection (2) does not prohibit retroactive application of a wage or benefit increase if the increase is awarded in the decision of the arbitration panel under 1969 PA 312, MCL 423.231 to 423.247, or included in a negotiated bargaining agreement.
(5) As used in this section:
(a) "Expiration date" means the expiration date set forth in a collective bargaining agreement without regard to any agreement of the parties to extend or honor the collective bargaining agreement during pending negotiations for a successor collective bargaining agreement.
(b) "Increased costs" in regard to insurance benefits means the difference in premiums or illustrated rates between the prior year and the current coverage year. The difference shall be calculated based on changes in costs by category of coverage and not on changes in individual employee marital or dependent status.
History: Add. 2011, Act 54, Imd. Eff. June 8, 2011 ;-- Am. 2014, Act 322, Imd. Eff. Oct. 15, 2014 Compiler's Notes: In subsection (4)(b), the reference to "15.269" evidently should be a reference to "15.569."In subsection (4)(b), the reference to "15.264" evidently should be a reference to "15.564."Popular Name: Public Employment Relations

Structure Michigan Compiled Laws

Michigan Compiled Laws

Chapter 423 - Labor Disputes and Employment Relations

Act 336 of 1947 - Public Employment Relations (423.201 - 423.217)

Section 423.201 - Definitions; Rights of Public Employees.

Section 423.201a - Provisions Subject to Certain Acts.

Section 423.202 - Strike by Public Employee; Lockout by Public School Employer.

Section 423.202a - Allegation of Strike by Public School Employees or Lockout by Public School Employer; Notice to Commission; Hearing; Notification of Name and Home Address of Each Public School Employee Participating in Strike; Serving or Mailing N...

Section 423.203 - Public Employees; Persons in Authority Approving or Consenting to Strike Prohibited; Participating in Submittal of Grievance.

Section 423.204 - Repealed. 1965, Act 379, Imd. Eff. July 23, 1965.

Section 423.204a - Application of Act to State Civil Service Employees.

Section 423.205 - Repealed. 1965, Act 379, Imd. Eff. July 23, 1965.

Section 423.206 - Public Employee; Conduct Considered to Be on Strike; Proceeding to Determine Violation of Act; Time; Decision; Review; Applicability of Subsection (2) to Penalty Imposed Under MCL 423.202a.

Section 423.207 - Request for Mediation of Grievances; Powers of Commission; Notice of Status of Negotiations; Appointment of Mediator.

Section 423.207a - Additional Mediation.

Section 423.208 - Repealed. 1965, Act 379, Imd. Eff. July 23, 1965.

Section 423.209 - Public Employees; Rights; Prohibited Conduct; Violation; Civil Fine.

Section 423.210 - Prohibited Conduct by Public Employer or Officer or Agent; Prohibited Conduct by Labor Organization; Conduct Not Required as Condition for Obtaining or Continuing Public Employment; Exception; Enforceability of Agreement, Contract,...

Section 423.211 - Public Employees; Designation of Bargaining Representatives; Grievances of Individual Employees.

Section 423.212 - Collective Bargaining Representative; Petition; Investigation; Notice; Hearing; Election by Secret Ballot; Certification of Results; Consent Election.

Section 423.213 - Decision as to Appropriate Collective Bargaining Unit; Supervisor of Fire Fighting Personnel.

Section 423.214 - Elections; Eligibility to Vote; Rules; Runoff Election; Effect of Collective Bargaining Agreement; Bargaining Unit of Public Employer Consisting of Individuals Not Public Employees as Invalid and Void.

Section 423.215 - Collective Bargaining; Duties of Employer, Public School Employer, and Employees' Representative; Prohibited Subjects Between Public School Employer and Bargaining Representative of Employee; Placement of Public School in State Scho...

Section 423.215a - Right of Employee of Public Fire Department to Volunteer or Accept Employment With Another Fire Department.

Section 423.215b - Expiration Date of Collective Bargaining Agreement; Wages and Benefits; Levels and Amounts; Retroactive Levels and Amounts Prohibited; Provisions Applicable to Labor Disputes Submitted to Compulsory Arbitration; Definitions.

Section 423.216 - Violations of MCL 423.210 as Unfair Labor Practices; Remedies; Procedures.

Section 423.217 - Bargaining Representative or Education Association; Prohibited Conduct; Violation of Section; “Education Association” Defined.