House and Senate Bills Will Hurt All Public Employees

Here is a downloadable list of all the legislation POAM and Michigan Legislative consultants are monitoring.

As of today, PA 312 seems to be surviving the legislative onslaught. It appears that POAM representatives have been able to educate enough elected officials to slowdown the anti-312 steamroller. POAM has been working the back corridors of Lansing, working with Republicans and Democrats alike, promoting the issues of police officers and protecting this legislation that has worked well for public safety for over forty years. POAM does not promote threats or publicity stunts to communicate our message. We will continue to work diligently behind the scenes to secure of future.

Governor Snyder stepped up to the plate and kept his word when he publicly came out against the 312 repeal.

The Emergency Financial Manager (EFM) bill passed with little change. The bill gives the EFM extraordinary power over local units of government and the ability to modify contractual benefits. However, we are pleased that State Treasurer Andy Dillon named POAM Business Manager William Birdseye to a panel to present the position of police officers working under control of an EFM.

On April 13th Senate Bill 7 which mandates public employees pay at least 20% of health care premium or 10% of HSA’s went to committee. This legislation will likely zoom through the House if the Senate passes it. Municipalities would have to be compliant by January 1, 2013. All members must take an active role in the political process or this type of ill- thought and discriminary legislation will continue.

Please review the additional legislation proposed below and call, write and e-mail your legislators voicing your strong opposition to these anti-police bills. Click on the post it note on our home page and follow directions so your message can be sent to 138 politicians with three clicks of the mouse. We have drafted a form letter on HB-4502 and HB-4152 which would eliminate a police officer’s right to arbitration. Inform your state representatives and senators of the long term impact all of this legislation will have on Michigan’s economy and loyal hard working employees. Remind them of the give backs and concessions that local unions have negotiated with their employers for the last five years while your local units work load has increased with fewer employees.

Every member should also be providing our office with a valid e-mail address so we can notify you when a “LEGISLATIVE EMERGENCY CALL TO ACTION” is required. Your participation has worked so far, but more will be needed in the future.

HB-4205 - Eliminates compulsory arbitration for police officers and firefighters.

HB-4152 - Upon expiration of a contract, immediately passes 100% of any benefit premium increase to employee. Allows no retroactivity on wages or step increases. This bill is an additional attack on 312.

HB-4172 - Requires public employer to pay no more than 75% of the cost of family health care plan; 80% if single.

HB-4059 – Prohibits paying union officials while conducting union business.

SJR-B – Mandates a 5% pay reduction for all public employees.

HB-4309-12 - Removes contractual rights in consolidations.

SB-0116 and SB-0120 – Creates right to work zones.

FREQUENTLY ASKED QUESTIONS AND ANSWERS

Q: Will state troopers be affected by a repeal of Act 312?
A: No. Their right to collective bargaining is granted by the Michigan Constitution, there by exempting the group.

Q: Can an Emergency Financial Manager change pay and benefit levels for DROP employees?
A: Possibly. Any vested and accrued pension at the time of retirement should be protected.

Q: Is a non-vested employee’s pension at risk under an EFM?
A: Possibly.Any monies contributed directly from an employee to the pension would be protected. An EFM will have great latitude to change pension systems, modify multipliers, or roll accrued money into a 401k. POAM General Counsel Frank Guido believes that is unlikely, or will be the last weapon in an EFM’s arsenal because there will be many more easily accessible targets, and the Michigan Constitution does have language that protects public employee pensions and existing contracts.

Q: As of April 12, 2011, what is the current status of H.B. 4205?
A: As of this update, the steamroller pushing the repeal of 312 has slowed down. Our members’ letters, e-mails and phone calls by the hundreds to our elected officials have helped. The education process is beginning to take hold, and many of Michigan’s elected leaders are not in favor of a complete repeal of 312. Additionally, Governor Snyder has come forward and made it clear that he is not in favor of the repeal, and is more interested in working with public unions than attempting to destroy them as other states are trying. However HB 4152 has just passed the House and as written, will gut 312 rights by eliminating any retroactivity of wages or step increases and force employees to pay all additional costs associated with all of their benefit plans. PLEASE REFER TO THE POAM HOME PAGE AND CLICK ON THE POST – IT NOTE TO E-MAIL EVERY SENATOR YOUR OUTRAGE!

Q: Emergency Financial Managers will have greater authority. Can they amend a current collective bargaining agreement?
A: Yes. There is a strong consensus in Lansing that municipalities teetering on bankruptcy should get immediate help through an empowered financial manager. POAM is insisting that politicians that have caused the problem and are seeking a bailout be severely penalized. We are adamant that other strong criteria be met so local politicians do not have an easy bailout from their mistakes. POAM is also stressing that the non-economic issues in a contract remain in place under any Emergency Financial Manager.

Q: Can an Emergency Financial Manager change retiree benefits?
A: Your pension is protected. However, if the contract in which an employee retired under calls for the same health coverage that active employees receive, you may very well be at risk.