STATE OF MICHIGAN

FRANK J. KELLEY, ATTORNEY GENERAL

Opinion No. 5803

October 23, 1980

CONFLICT OF INTEREST:

School principal participation in collective bargaining process with teachers

LABOR:

Collective bargaining for school principals

SCHOOLS AND SCHOOL DISTRICTS:

Role of school principal in collective bargaining with teachers

Collective bargaining for school principals

A school principal may act as a resource person for the board of education in collective barrgaining negotiations with the representative of the teachers without violating the statute prohibiting contractual conflicts of interest by public servants.

School principals may form a collective bargaining unit and bargain collectively with the board of education. In the absence of such a collective bargaining unit, the wages, hours and other conditions of employment are determined in individual contracts between the board of education and its school principals.

Honorable Joe Conroy

State Representative

State Capitol

Lansing, Michigan 48909

You have requested my opinion on two questions which may be phrased as follows:

Boards of education, other than boards of education of primary school districts, are expressly authorized to employ school principals who shall, inter alia, supervise the operation and management of the school or schools as determined by the employing boards of education. The School Code of 1976, 1976 PA 451, Sec. 1247; MCLA 380.1247; MSA 15.41247. Thus, boards of education may use building principals as resource persons in negotiating collective bargaining agreements with a teachers' collective bargaining unit.

A collective bargaining agreement would be entered into by and between the board of education and the collective bargaining representative of the teachers. 1947 PA 336; MCLA 423.201 et seq; MSA 17.455(1) et seq. Since the collective bargaining agreement is not with either the school principal or any organization of which he or she is a member, there would be no violation of 1968 PA 317; MCLA 15.321 et seq; MSA 4.1700(51) et seq, which prohibits contractual conflicts of interest involving public servants.

Therefore, in answer to your first question, it is my opinion that school principals may act as resource people for a board of education in collective bargaining negotiations with a collective bargaining unit of teachers without violating 1968 PA 317, supra, which prohibits contractual conflicts of interest by public servants.

Turning to your second question, school principals may form a collective bargaining unit and bargain collectively with a board of education. Hillsdale Community Schools v Labor Mediation Board, 24 Mich App 36; 179 NW2d 661; lv app den 384 Mich 779 (1970). However, school principals need not form a collective bargaining unit under 1947 PA 336, supra. In the absence of such a collective bargaining unit, the wages, hours and other conditions of employment are determined in individual contracts between the board of education and its school principals.

Thus, in answer to your second question, it is my opinion that school principals are not required to form a collective bargaining unit to negotiate wages, hours and other conditions of employment with a board of education. The board of education may enter into a contract involving the wages, hours and working conditions with a school principal as authorized by 1976 PA 451, Sec. 1247, supra.

Frank J. Kelley