Michigan Compiled Laws Act 344 Of 1972 Agricultural Marketing And Bargaining Act (290.701 - 290.727)

AN ACT to permit producers of agriculture commodities to be represented by associations; to create an agricultural marketing and bargaining board; to provide for the accreditation of associations; to establish obligations on the part of handlers and associations; to provide for arbitration; to define unfair practices; and to prescribe penalties.

History: 1972, Act 344, Eff. Mar. 30, 1973

Section 290.701 Short Title.
This act shall be known and may be cited as the “agricultural marketing and bargaining act”. History: 1972, Act 344, Eff. Mar. 30, 1973...
Section 290.702 Definitions.
As used in this act: (a) "Association" means a cooperative association of producers or a division thereof, or a federation of cooperative associations of...
Section 290.702a Excluded Sales.
Any sale of a commodity by a producer to another producer for his or her own exclusive use and not for resale or any...
Section 290.703 Administration And Implementation Of Act; Rules.
(1) The department shall administer this act. (2) Services for implementing this act shall be provided by the department from appropriations made by the...
Section 290.704 Voluntary Associations; Prohibited Practices; Complaints; Orders.
(1) Producers of agricultural commodities may join together voluntarily in associations as authorized by law without interference by handlers. A handler shall not engage...
Section 290.705 Enforcement Of Orders; Temporary Relief Or Restraining Orders; Jurisdiction; Objections; Findings; Additional Evidence; Review; Stay.
(1) The department may petition the court of appeals for the enforcement of its orders and for appropriate temporary relief or restraining orders and...
Section 290.706 Proposed Bargaining Unit; Determination Of Appropriateness; Criteria.
(1) The department shall determine whether a proposed bargaining unit is appropriate. This determination shall be made upon the petition of an association representing...
Section 290.707 Accreditation Of Association; Requirements.
An association shall be accredited upon determination by the department that the association meets all of the following: (a) The association meets the requirements...
Section 290.708 Request For Accreditation; Contents; Fee; Report.
(1) An association desiring accreditation shall file with the department a written request for accreditation in the form as required by the department. The...
Section 290.709 Request For Accreditation; Determination By Department; Amended Request; Public Hearing; Notice.
(1) Within 60 days following the date of filing with the department a request for accreditation by an association, the department shall determine whether...
Section 290.710 Request For Accreditation; Issuance And Publication Of Determination; Preliminary Declaration; Service Fees; Effective Date Of Accreditation; Referendum; Denial Of Accreditation.
(1) The department shall issue and publish its determination within 30 days after the close of the hearing. If the determination of the department...
Section 290.711 Annual Report Of Accredited Association.
An accredited association shall file an annual report with the department in such form as required by the department to determine if the association...
Section 290.712 Revocation Of Accreditation.
(1) To revoke the accreditation of an accredited association, the department shall employ a procedure similar to the accreditation procedure set forth in sections...
Section 290.713 “bargaining” Defined; Accredited Association As Exclusive Representative; Negotiations; Notice.
(1) As used in this act, "bargaining" means the mutual obligation of a handler and an accredited association or their designated representatives to meet...
Section 290.714 Mediation Of Issues; Duties Of Department; Designation Of Person To Act In Department's Behalf; Fee.
(1) Upon the request of an accredited association or upon the request of a handler, the department shall provide for the mediation of the...
Section 290.715 Election Not To Purchase Or Sell During Marketing Period.
At any time prior to 30 days before the first day of the marketing period, if an agreement on the issues in dispute between...
Section 290.716 Arbitration; Agreements As To Agricultural Commodities; Disputed Quantities; Offer; Claim For Relief; Determination Of Reasonableness; Joint Settlement Committee.
(1) If the election provided for in section 15 is not exercised by the association or the handler involved in negotiations, and if the...
Section 290.717 Hearing; Notice; Duties Of Chairperson; Intervention; Evidence; Informal Proceedings; Verbatim Record; Transcripts; Expense; Adjournment; Conclusion; Majority Actions And Rulings.
The chairperson of a joint settlement committee established under section 16 shall call a hearing to begin within 15 days after the joint settlement...
Section 290.718 Joint Settlement Committee; Powers; Oaths; Subpoenas; Contempt.
The joint settlement committee may administer oaths, require the attendance of witnesses, and require the production of such books, papers, contracts, agreements, and documents...
Section 290.719 Joint Settlement Committee; Findings Of Fact; Issuance Of Award.
Within 20 days after the conclusion of the hearing or such further time to which the parties may agree, the joint settlement committee shall...
Section 290.720 Joint Settlement Committee; Decision; Basis.
The joint settlement committee shall base its decision upon the following factors: (a) Prices or projected prices for the agricultural commodity paid by competing...
Section 290.721 Finality Of Committee's Decision; Enforcement.
A majority decision of the joint settlement committee, if supported by competent, material and substantial evidence on the whole record, shall be final and...
Section 290.722 Disobeying Or Resisting Order; Contempt.
A party who willfully disobeys a lawful order of enforcement by the court of appeals pursuant to section 21 or willfully encourages or offers...
Section 290.723 Judicial Review Of Committee Awards.
(1) Awards of the joint settlement committee shall be reviewable by the court of appeals but only for the following reasons: (a) The joint...
Section 290.724 Mailing Copy Of Contract Or Award To Department.
Within 30 days after an accredited association negotiates a contract with a handler or receives a joint settlement committee award, it shall send to...
Section 290.725 Access Of Department To Evidence; Refusal To Obey Subpoena; Service Of Process.
(1) At all reasonable times, the department shall have access to and the right to copy evidence relating to any person or action under...
Section 290.726 Antitrust Law Not Violated.
The activities of accredited associations and handlers in bargaining with respect to the price and other terms of sale of the agricultural commodities produced...
Section 290.727 Repealed. 1976, Act 155, Imd. Eff. June 17, 1976.
Compiler's Notes: The repealed section contained an expiration date and saving clause.

Last modified: October 10, 2016