Excused—1
Victory
Not Voting—0
In The Chair: President
Senator Albert offered the following amendment:
1. Amend page 9, following line 9, by inserting:
“ Sec. 10b. (1) Notwithstanding any other provision of this act, a public employee may choose to bargain independently. A public employer shall not refuse to bargain independently with a public employee and an exclusive bargaining representative shall not represent a public employee who has chosen to bargain independently. An agreement between a public employer and an exclusive bargaining representative does not apply to a public employee who has chosen to bargain independently.
(2) As used in this section, “independent bargaining” or “to bargain independently” means bargaining between a public employer and a public employee with respect to rates of pay, wages, hours of employment, or other terms and conditions of employment without the intervention of a labor organization, bargaining agent, or exclusive bargaining representative. Independent bargaining does not grant any greater or lesser rights or privileges to a public employee who has chosen to bargain independently in a unit with an exclusive bargaining representative than a public employee in a unit without an exclusive bargaining representative. Independent bargaining does not impose any greater or lesser duties or obligations for a public employer to a public employee who has chosen to bargain independently in a unit with an exclusive bargaining representative than those duties or obligations that the public employer or public school employer owes to a public employee in a unit without an exclusive bargaining representative. ”.
The question being on the adoption of the amendment,
Senator Lauwers requested the yeas and nays.
The yeas and nays were ordered, 1/5 of the members present voting therefor.
The amendment was not adopted, a majority of the members serving not voting therefor, as follows: