HOUSE BILL No. 6177

 

 

June 12, 2018, Introduced by Reps. Jones, Sabo, Chang, Lasinski, Brinks, Guerra, Geiss, Greig, Green, Rabhi, Pagan, Yancey, Gay-Dagnogo and Wittenberg and referred to the Committee on Law and Justice.

 

     A bill to amend 1996 IL 1, entitled

 

"Michigan gaming control and revenue act,"

 

by amending section 7c (MCL 432.207c), as added by 1997 PA 69.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 7c. (1) Each local labor organization that directly

 

represents casino gaming employees shall register with the board

 

annually and provide all of the following:

 

     (a) The local labor organization's name, address, and

 

telephone number.

 

     (b) The name and address of any international labor

 

organization with which it directly or indirectly maintains an

 

affiliation or relationship.

 

     (c) All of the following information for the designated

 

individuals and other personnel of the local labor organization:

 

     (i) The individual's full name and any known alias or

nickname.

 

     (ii) The individual's business address and telephone number.

 

     (iii) The individual's title or other designation in the local

 

labor organization.

 

     (iv) Unless information is required under subdivision (d)(v),

 

a brief description of the individual's duties and activities.

 

     (v) The individual's annual compensation, including salary,

 

allowances, reimbursed expenses, and other direct or indirect

 

disbursements.

 

     (d) All of the following additional information for each

 

designated individual of the local labor organization:

 

     (i) The individual's home address and telephone number.

 

     (ii) The individual's date and place of birth.

 

     (iii) The individual's social security Social Security number.

 

     (iv) The date he or she was hired by or first consulted with

 

or advised the local labor organization.

 

     (v) A detailed description of all of the following:

 

     (A) The individual's duties and activities.

 

     (B) Whether he or she performed the same or similar activities

 

previously on a labor organization's behalf.

 

     (C) The individual's prior employment or occupational history.

 

     (vi) Excluding minor traffic offenses, a detailed description

 

of all of the following:

 

     (A) The individual's convictions, including any conviction

 

that was expunged or set aside, sealed by court order, or for which

 

he or she received a pardon.

 

     (B) Any criminal offense for which he or she was charged or

indicted but not convicted.

 

     (vii) Whether he or she was ever denied a business, liquor,

 

gaming, or professional license or had such a license revoked.

 

     (viii) Whether a court or governmental agency determined the

 

individual unsuitable to be affiliated with a labor organization

 

and the details of that determination.

 

     (ix) Whether the individual was ever subpoenaed as a witness

 

before a grand jury, legislative committee, administrative body,

 

crime commission, or similar agency and the details relating to

 

that subpoena.

 

     (x) A photograph of the individual taken within the previous

 

60 days.

 

     (xi) For the local labor organization's first filing, a

 

complete set of the individual's fingerprints.

 

     (e) A written certification under oath by the local labor

 

organization president, secretary, treasurer, or chief official

 

that the information provided under this subsection is complete and

 

accurate. The board shall prescribe the form for this

 

certification.

 

     (2) A local labor organization may satisfy the information

 

requirements of subsection (1) by providing to the board copies of

 

reports filed with the United States department of labor Department

 

of Labor under the labor management reporting and disclosure act of

 

1959, Public Law 86-257, supplemented by any required information

 

not contained in those reports.

 

     (3) If information required under subsection (1) for a

 

designated individual changes after registration or if the local

labor organization gains a designated individual after

 

registration, the local labor organization shall provide the board

 

with that new information or the information, photograph, and

 

fingerprints required under subsection (1) for the new designated

 

individual within 21 days.

 

     (4) Notwithstanding section 4c, information provided by a

 

local labor organization to the board under this section is exempt

 

from disclosure under the freedom of information act, 1976 PA 442,

 

MCL 15.231 to 15.246.

 

     (5) Upon finding by clear and convincing evidence that grounds

 

for disqualification under subsection (6) exist, the board may

 

disqualify an officer, agent, or principal employee of a local

 

labor organization registered or required to be registered under

 

this section from performing any of the following functions:

 

     (a) Adjusting grievances for or negotiating or administering

 

the wages, hours, working conditions, or employment conditions of

 

casino gaming employees.

 

     (b) Soliciting, collecting, or receiving from casino gaming

 

employees any dues, assessments, levies, fines, contributions, or

 

other charges within this state for or on behalf of the local labor

 

organization.

 

     (c) Supervising, directing, or controlling other officers,

 

agents, or employees of the local labor organization in performing

 

functions described in subdivisions (a) and (b).

 

     (6) An individual may be disqualified under subsection (5) for

 

lacking good moral character only if any of the following apply:

 

     (a) He or she has been indicted or charged with, convicted of,

pled guilty or nolo contendere to, or forfeited bail in connection

 

with a crime involving gambling, theft, dishonesty, prostitution,

 

commercial sex, or fraud under the laws of this state, any other

 

state, or the United States or a local ordinance of a political

 

subdivision of this state or another state. Disqualification cannot

 

must not be based only on crimes that involve soliciting or

 

engaging prostitution commercial sex services unless the individual

 

is or has engaged in an ongoing pattern of that behavior. If the

 

grounds for disqualification are criminal charges or indictment, at

 

the individual's request, the board shall defer making a decision

 

on disqualification while the charge or indictment is pending.

 

     (b) He or she intentionally or knowingly made or caused to be

 

made a false or misleading statement in a document provided to the

 

board or its agents or orally to a board member or agent in

 

connection with an investigation.

 

     (c) He or she engages in criminal or unlawful activities in an

 

occupational manner or context for economic gain, or is an

 

associate or member of a group of individuals who operate together

 

in that fashion, and this behavior creates a reasonable belief that

 

the behavior adversely affects gambling operations and the public

 

policy underlying this act. In making a determination under this

 

subdivision, the board may consider findings or identifications by

 

the attorney general or department of state police that an

 

individual is within this category.

 

     (7) A designated individual shall report all information

 

described in subsection (6)(a) to (c) concerning him or her to the

 

local labor organization. A local labor organization shall report

all information described in subsection (6)(a) to (c) concerning

 

its designated individuals of which it has actual knowledge to the

 

board.

 

     (8) The board may waive any disqualification criterion under

 

subsection (6) or may rescind a disqualification under subsection

 

(5), if doing so is consistent with the public policy of this act

 

and based on a finding that the interests of justice so require.

 

     (9) The board shall give written notice to an individual it

 

proposes to disqualify and to the affected labor organization,

 

stating the reason for the proposed disqualification and describing

 

any supporting evidence in the board's possession. Within 30 days

 

after receiving the written notice of proposed disqualification,

 

the respondent may file with the board a written request for a

 

hearing, which shall must take place promptly. The board shall

 

conduct the hearing in conformity with the contested case

 

procedures set forth in the administrative procedures act of 1969,

 

1969 PA 306, MCL 24.201 to 24.328. A person aggrieved by a final

 

disqualification has the right to appeal to the circuit court for

 

the county in which the person resides or has his or her principal

 

place of business to have the disqualification set aside based on

 

any ground set forth in section 106 of the administrative

 

procedures act of 1969, 1969 PA 306, MCL 24.306.

 

     (10) Not later than January 31 of the calendar year after

 

disqualification and each year after that unless the

 

disqualification is rescinded or reversed, the disqualified

 

individual shall provide the board with a sworn statement that he

 

or she did not perform the functions described in subsection (5)

during the previous year.

 

     (11) The board may petition in the circuit court for the

 

county in which the disqualified individual resides or has his or

 

her principal place of business for an order enforcing the terms of

 

the disqualification.

 

     (12) A local labor organization that is registered or required

 

to be registered under this section or any officer, agent, or

 

principal employee of that organization shall not personally hold

 

any financial interest in a casino licensee employing casino gaming

 

employees represented by the organization or person.

 

     (13) This section does not prohibit a local labor organization

 

from conducting training for or operating a school to train casino

 

gaming employees, or from entering into an agreement or arrangement

 

with a casino licensee, supplier, or vendor to provide for the

 

training of casino gaming employees. A local labor organization

 

that conducts such training or operates such a school or does not

 

otherwise qualify as a supplier is not subject to the contribution

 

prohibitions of section 7b.

 

     (14) This section does not deny, abridge, or limit in any way

 

the legitimate rights of casino gaming employees to form, join, or

 

assist labor organizations, to bargain collectively through

 

representatives of their own choosing, or to engage in other

 

concerted activities for the purpose of collective bargaining or

 

other mutual aid and protection or the free exercise of any other

 

rights they may have as employees under the laws of the United

 

States or this state.

 

     (15) This section shall must not be expanded or amplified by

action of the board or any other executive or administrative body.

 

The board and any other executive or administrative body do not

 

have authority to promulgate interpretive rules or rulings to

 

implement this section. The board and any other executive or

 

administrative body do not have authority under this section to

 

require that a local labor organization or an officer, agent, or

 

principal employee of a labor organization does either of the

 

following:

 

     (a) Qualify for or obtain a casino, occupational, or

 

supplier's license or any other license or permit required under

 

rules promulgated by the board.

 

     (b) Ensure the compliance of any person or entity with the

 

licensing requirements under this act or under rules promulgated by

 

the board.

 

     (16) As used in this section:

 

     (a) "Casino gaming employee" means the following and their

 

supervisors:

 

     (i) Individuals involved in operating a casino gaming pit,

 

including dealers, shills, clerks, hosts, and junket

 

representatives.

 

     (ii) Individuals involved in handling money, including

 

cashiers, change persons, count teams, and coin wrappers.

 

     (iii) Individuals involved in operating gambling games.

 

     (iv) Individuals involved in operating and maintaining slot

 

machines, including mechanics, floorpersons, and change and payoff

 

persons.

 

     (v) Individuals involved in security, including guards and

game observers.

 

     (vi) Individuals with duties similar to those described in

 

subparagraphs (i) to (v). However, casino gaming employee does not

 

include an individual whose duties are related solely to nongaming

 

activities such as entertainment, hotel operation, maintenance, or

 

preparing or serving food and beverages.

 

     (b) "Designated individual" means an officer, agent, principal

 

employee, or individual performing a function described in

 

subsection (5).

 

     (17) Nothing in this act shall preclude precludes employees

 

from exercising their legal rights to organize themselves into

 

collective bargaining units.

 

     Enacting section 1. This amendatory act takes effect 90 days

 

after the date it is enacted into law.

 

     Enacting section 2. This amendatory act does not take effect

 

unless Senate Bill No.____ or House Bill No. 6169 (request no.

 

02879'17) of the 99th Legislature is enacted into law.