On November 14, 2023, the Michigan legislature adjourned sine die (without day) for the legislative session. This means the legislature has determined it is done for the year. Per Article IV, Section 27 of the Michigan Constitution, unless given immediate effect or having a date specific for effectiveness, Public Acts do not take effect until 90 days after the legislature has adjourned for the year. Because of this, the 90-day clock for when a bill becomes effective has begun. This has significance for school districts as it relates to the labor package that was enacted this past year.
As a quick reminder, of the labor package:
PA 113 of 2023 HB 4044 (Koleszar)– Repeals wage and benefit freeze language added in 2011.
PA 114 of 2023 HB 4233 (Churches)– Repeals payroll checkoff prohibition.
PA 115 of 2023 HB 4354 (Weiss)– Repeals items (j)-(p) from the list of prohibited subjects of collective bargaining.
PA 116 of 2023HB 4820 (Skaggs)– Amends Sec. 1248 of the RSC to increase the potential weight of “length of service” in making staffing decisions.
PA 143 of 2023 HB 4356 (B. Carter) – repeals item (f) from the list of prohibited subjects of collective bargaining.
PA’s 113, 114, 115, and 143 of 2023 all will become effective on February 12, 2024. PA 116 will become effective on July 1, 2024 (along with the changes to teacher evaluation systems under SBs 395 and 396).
Districts should review their current labor contracts to verify if any zombie language remains which could spring to life on February 12, 2024. Additionally, school boards should prepare for future negotiations by ensuring their current policies relating to layoff and recall structures and the other repealed subjects of bargaining are in line with current practices as well as new legal requirements that will be effective come February 12. Neola is preparing a special policy update to assist their clients with this undertaking.
If you have any questions about these issues or need assistance reviewing your contracts, please contact MASB's Labor Relations Team.