Michigan Compiled Laws Act 336 Of 1947 Public Employment Relations (423.201 - 423.217)

AN ACT to prohibit strikes by certain public employees; to provide review from disciplinary action with respect thereto; to provide for the mediation of grievances and the holding of elections; to declare and protect the rights and privileges of public employees; to require certain provisions in collective bargaining agreements; to prescribe means of enforcement and penalties for the violation of the provisions of this act; and to make appropriations.

History: 1947, Act 336, Eff. Oct. 11, 1947 ;-- Am. 1965, Act 379, Imd. Eff. July 23, 1965 ;-- Am. 2011, Act 9, Imd. Eff. Mar. 16, 2011 ;-- Am. 2012, Act 53, Imd. Eff. Mar. 16, 2012
Popular Name: Public Employment Relations

Section 423.201 Definitions; Rights Of Public Employees.
(1) As used in this act: (a) "Bargaining representative" means a labor organization recognized by an employer or certified by the commission as the...
Section 423.201a Provisions Subject To Certain Acts.
The provisions of this act are subject to all of the following: (a) The municipal partnership act. (b) 1967 (Ex Sess) PA 8, MCL...
Section 423.202 Strike By Public Employee; Lockout By Public School Employer.
A public employee shall not strike and a public school employer shall not institute a lockout. A public school employer does not violate this...
Section 423.202a Allegation Of Strike By Public School Employees Or Lockout By Public School Employer; Notice To Commission; Hearing; Fines; Deduction And Disposition Of Fines; Collection Proceedings; Fines Additional To Other Penalties; Injunction; Reimbursement Prohibited; “public School Employee” Defined.
(1) If a public school employer alleges that there is a strike by 1 or more public school employees in violation of section 2,...
Section 423.203 Public Employees; Persons In Authority Approving Or Consenting To Strike Prohibited; Participating In Submittal Of Grievance.
No person exercising any authority, supervision or direction over any public employee shall have the power to authorize, approve or consent to a strike...
Section 423.204 Repealed. 1965, Act 379, Imd. Eff. July 23, 1965.
Compiler's Notes: The repealed section declared that a public employee who violated the act abandoned and terminated his employment.Popular Name: Public Employment Relations
Section 423.204a Application Of Act To State Civil Service Employees.
The provisions of this act as to state employees within the jurisdiction of the civil service commission shall be deemed to apply in so...
Section 423.205 Repealed. 1965, Act 379, Imd. Eff. July 23, 1965.
Compiler's Notes: The repealed section pertained to conditions upon which a public employee who had violated the act could be reemployed.Popular Name: Public Employment Relations
Section 423.206 Public Employee; Conduct Considered To Be On Strike; Proceeding To Determine Violation Of Act; Time; Decision; Review; Applicability Of Subsection (2) To Penalty Imposed Under Mcl 423.202a.
(1) Notwithstanding the provisions of any other law, a public employee who, by concerted action with others and without the lawful approval of his...
Section 423.207 Request For Mediation Of Grievances; Powers Of Commission; Notice Of Status Of Negotiations; Appointment Of Mediator.
(1) Upon the request of the collective bargaining representative defined in section 11 or, if a representative has not been designated or selected, upon...
Section 423.207a Additional Mediation.
(1) In addition to mediation conducted under section 7, if a public school employer and a bargaining representative of a bargaining unit of its...
Section 423.208 Repealed. 1965, Act 379, Imd. Eff. July 23, 1965.
Compiler's Notes: The repealed section provided penalties for inciting public employees to strike.Popular Name: Public Employment Relations
Section 423.209 Public Employees; Rights; Prohibited Conduct; Violation; Civil Fine.
(1) Public employees may do any of the following: (a) Organize together or form, join, or assist in labor organizations; engage in lawful concerted...
Section 423.210 Prohibited Conduct By Public Employer Or Officer Or Agent; Prohibited Conduct By Labor Organization; Conduct Not Required As Condition For Obtaining Or Continuing Public Employment; Exception; Enforceability Of Agreement, Contract, Understanding, Or Practice; Jurisdiction Of Court; Appropriation; Violation; Civil Fine; Verification By Independent Examiner; Declaration Identifying Local Bargaining Units; Civil Action.
(1) A public employer or an officer or agent of a public employer shall not do any of the following: (a) Interfere with, restrain,...
Section 423.211 Public Employees; Designation Of Bargaining Representatives; Grievances Of Individual Employees.
Representatives designated or selected for purposes of collective bargaining by the majority of the public employees in a unit appropriate for such purposes, shall...
Section 423.212 Collective Bargaining Representative; Petition; Investigation; Notice; Hearing; Election By Secret Ballot; Certification Of Results; Consent Election.
When a petition is filed, in accordance with rules promulgated by the commission: (a) By a public employee or group of public employees, or...
Section 423.213 Decision As To Appropriate Collective Bargaining Unit; Supervisor Of Fire Fighting Personnel.
The commission shall decide in each case, to insure public employees the full benefit of their right to self-organization, to collective bargaining and otherwise...
Section 423.214 Elections; Eligibility To Vote; Rules; Runoff Election; Effect Of Collective Bargaining Agreement; Bargaining Unit Of Public Employer Consisting Of Individuals Not Public Employees As Invalid And Void.
(1) An election shall not be directed in any bargaining unit or any subdivision within which, in the preceding 12-month period, a valid election...
Section 423.215 Collective Bargaining; Duties Of Employer, Public School Employer, And Employees' Representative; Prohibited Subjects Between Public School Employer And Bargaining Representative Of Employee; Placement Of Public School In State School Reform/redesign School District Or Under Chief Executive Officer; Effect Of Financial Stability And Choice Act; Selection Method For Certain Departments Or Boards; Prohibited Subjects Of Bargaining; Duties; Costs Of Independent Examiner Verification.
(1) A public employer shall bargain collectively with the representatives of its employees as described in section 11 and may make and enter into...
Section 423.215a Right Of Employee Of Public Fire Department To Volunteer Or Accept Employment With Another Fire Department.
An employee of a public fire department may volunteer for or seek and accept part-time or paid on-call employment with another fire department if...
Section 423.215b Expiration Date Of Collective Bargaining Agreement; Wages And Benefits; Levels And Amounts; Retroactive Levels And Amounts Prohibited; Provisions Applicable To Labor Disputes Submitted To Compulsory Arbitration; Definitions.
(1) Except as otherwise provided in this section, after the expiration date of a collective bargaining agreement and until a successor collective bargaining agreement...
Section 423.216 Violations Of Mcl 423.210 As Unfair Labor Practices; Remedies; Procedures.
Violations of the provisions of section 10 shall be deemed to be unfair labor practices remediable by the commission in the following manner: (a)...
Section 423.217 Bargaining Representative Or Education Association; Prohibited Conduct; Violation Of Section; “education Association” Defined.
(1) A bargaining representative or an education association shall not veto a collective bargaining agreement reached between a public school employer and a bargaining...

Last modified: October 10, 2016