Art Przybylowicz, Director of MEA Legal Services
10 questions with Art Przybylowicz
Art Przybylowicz is chief legal counsel for MEA. In this interview, he explains collective bargaining law in Michigan.
What is PERA?
The Public Employment Relations Act was approved by the Legislature in 1965. It gives public employees the right to form together to bargain with their employer. The law requires public employers to bargain in good faith with the representative of the public employees on wages, hours and other terms and conditions of employment. It also establishes a series of unfair labor practices and a mechanism for adjudicating those unfair labor practices.
Why did the Legislature pass PERA?
It was passed to broaden and enlarge the rights of public employees. It amended the Hutchinson Act, which was a very anti-public employee law that dates to 1947. The Hutchinson Act prohibited strikes but also said any public employee who engaged in a strike was deemed to resign his/her employment. Moreover, if that person was re-employed in the next five years by any public employer, they could not be hired at a wage higher than the wage they had when they went on strike. There was no right for public employees to collectively bargain before 1965 in Michigan.
Who is covered by PERA?
All public employees, including those who work in higher education, except for classified state civil service employees.
Why is PERA still relevant today?
Every time MEA members sit down at the bargaining table, the ability to make the school board bargain in good faith is based on PERA. With PERA, we can speak with one voice.
What subjects can/do school employees negotiate in a contract?
Wages, hours and other working conditions. Everything from how many preps a teacher has to the number of subjects they teach to contact time with students is bargained. Also, does a school employee have a duty-free lunch, or not? The right to take sick days and be paid for them. Layoff and recall language, which is important as many districts cut jobs and lay off employees. MEA members should know what’s in their contract and know who to contact with questions or concerns.
Are there any subjects prohibited during negotiations?
Yes. Public school (K-12) employees can’t negotiate the policyholder for group health insurance programs, though we can bargain the insurance carrier, administrator, and level of benefits. They can’t negotiate the first day of the school year. Other prohibited topics include the subcontracting of noninstructional support services, the composition of site-based decision-making committees, the use of volunteers, or pilot or experimental programs. All of these were added to PERA as Public Act 112 in 1994 and they’re limited to public school employees.
Can school employees collectively picket?
Public school employees can picket as long as it doesn’t interfere with their school duties.
Are strikes by public school employees illegal?
A strike, as defined in PERA, is unlawful.
How are strikes defined by PERA?
Public school employees cannot engage in strikes to force a public employer to agree to better contract terms. They also can’t strike to protest unfair labor practices. PERA does not cover safety strikes, where employees refuse to work because of unsafe working conditions.
Does MEA support any changes to PERA?
MEA did not support Public Act 112 of 1994 and the association would support its repeal or revision, most notably the prohibition against bargaining over the decision to outsource bargaining unit work and the impact of that decision on school employees.
Updated: June 4, 2009 11:19 AM