Section R. 423.192a - Notice of names of employees presumed to have engaged in a strikeRule 192a.
(1) If the commission determines that conditions constituting a strike exist, the public school employer or the superintendent of public instruction shall, within 5 business days after notification of the decision, notify the commission, in writing, of each public school employee presumed to have engaged in a strike. The notice shall be on a form furnished by the commission and shall contain all of the following information and items: (a) The name and home address and, if available, the email address and daytime or cell phone number of each public school employee presumed to have engaged in a strike.(b) The established daily rate of pay of each employee presumed to have engaged in a strike.(c) Three sets of mailing labels containing the names and home addresses of the public school employees presumed to have engaged in a strike.(d) An electronic submission of the mailing list in .csv (comma separated values) format or any other format authorized by the bureau of employment relations before submission.(2) The notice shall be accompanied by an affidavit that is signed and dated by an agent of the public school employer or the superintendent of public instruction. The affidavit shall include the following information that is supported by specific facts and available documentary proof: (a) A statement from the person who signed the affidavit of how he or she has personal knowledge of the facts recited in the affidavit.(b) All of the following information concerning the absence of each employee named in the notice:(i) The date or dates when each employee named in the notice was absent from his or her position.(ii) How each employee abstained, in whole or in part, from the full, faithful, and proper performance of his or her employment duties in order to induce, influence, or coerce a change in employment conditions, compensation, or the rights, privileges, or obligations of employment.(iii) How each employee abstained, in whole or in part, from the full, faithful, and proper performance of his or her employment duties in order to protest or respond to an act alleged or determined to be an unfair labor practice committed by the public school employer.(3) The public school employer or the superintendent of public instruction shall file with the commission an original and 2 copies of the notice and affidavit, unless the notice and affidavit are filed electronically pursuant to commission policy. Upon filing a written notice and affidavit with the commission, the public school employer or the superintendent of public instruction shall simultaneously serve each public school employee named in the notice with a copy of the written notice and affidavit pursuant to R 423.182. The notice shall state that the public school employee named in the notice and affidavit is presumed to have engaged in an illegal strike and that statutory penalties are being sought. A statement of service pursuant to R 423.182 shall be filed with the commission together with the notice.(4) Upon receipt of a written notice, affidavit, and statement of service, the commission or its agent shall review the notice, affidavit, and statement of service for compliance with R 423.192a(1) to (3) and shall notify the party making the filing of any defects. The party making the filing shall remedy any defects within 5 business days of receipt of notification of the decision in which the commission has determined that conditions constituting a strike exist. If the defects are not remedied within the time prescribed, the commission or its agent shall reject the filing and proceedings shall not be held on the filing.Mich. Admin. Code R. 423.192a
2017 MR 14, Eff. 7/27/2017