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Authority
The Michigan Civil Service Commission established a system of collective
bargaining for state classified employees, based on its constitutional authority
over terms and conditions of employment for state classified employees. The Michigan
Civil Service Commission rules recognize the Governor as having the
authority to:
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develop, direct, and coordinate the Employer's employment relations
policy;
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negotiate with exclusive representatives; and
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recommend to the Civil Service Commission, in consultation with principal
departments and elected department heads, a comprehensive plan for rates of
compensation and other conditions of employment for non-exclusively
represented employees.
The Governor(s), through a series of Executive Orders, established the Office
of the State Employer as the Governor's representative to carry out this
responsibility.
Executive Order 1979-5 established an Office of the State Employer with an
unclassified director, appointed by and reporting to the Governor. The functions
of the Office include representing the Employer in primary negotiations with
recognized employee organizations, determining the issues that are subject to
primary and secondary negotiations, coordinating Employer responses to personnel
policy and rule changes being considered by the Civil Service Commission, and
reviewing classified employee positions to be included in or excluded from
specific bargaining units.
Executive
Order 1981-3 expanded the Office of the State Employer's function to include
matters affecting state police troopers and sergeants, who exercise the right of
collective bargaining pursuant to Article XI, Section 5, of the Michigan
Constitution of 1963.
Executive
Order 1988-6 clarified the authority and duties of the Office of the State
Employer. Duties include making management determination on which grievance
cases should go to arbitration; approving the management advocate in the
presentation of all arbitrations; and supervising the training of all management
personnel involved in the labor relations process, with the full cooperation and
participation of the departments.
The role of the Office of the State Employer was further expanded by Executive
Order 1996-5, which transferred the Employee Benefit Programs and the
Suggestion Awards Program from the Department of Civil Service to the Department
of Management and Budget and allowed these functions to be assigned to the
Office of the State Employer. Executive
Order 2002-13 then returned these programs to the Department of Civil
Service.
Executive
Order 2002-18 consolidates all of the duties and responsibilities of the
Office of the State Employer into a single Executive Order.
The role and authority of the Office of the State Employer was further
clarified by Executive
Order 2004-31. The Office of the State Employer shall retain primary
responsibility for compliance with state and federal disability rights laws on
matters relating to state employment. Duties include providing Departmental ADA
Coordinators with guidance, training, education, and technical assistance on
workplace accommodations for employees with disabilities. These activities will
be conducted in cooperation and coordination with the State ADA Coordinator.
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