Michigan Compiled Laws Act 176 Of 1939 Employment Relations Commission (423.1 - 423.30)

AN ACT to create a commission relative to labor disputes, and to prescribe its powers and duties; to provide for the mediation and arbitration of labor disputes, and the holding of elections thereon; to regulate the conduct of parties to labor disputes and to require the parties to follow certain procedures; to regulate and limit the right to strike and picket; to protect the rights and privileges of employees, including the right to organize and engage in lawful concerted activities; to protect the rights and privileges of employers; to make certain acts unlawful; to make appropriations; and to prescribe means of enforcement and penalties for violations of this act.

History: 1939, Act 176, Imd. Eff. June 8, 1939 ;-- Am. 1947, Act 318, Eff. Oct. 11, 1947 ;-- Am. 1949, Act 230, Imd. Eff. May 31, 1949 ;-- Am. 1965, Act 282, Imd. Eff. July 22, 1965 ;-- Am. 1976, Act 17, Imd. Eff. Feb. 20, 1976 ;-- Am. 1978, Act 250, Imd. Eff. June 20, 1978 ;-- Am. 2012, Act 348, Eff. Mar. 28, 2013

Section 423.1 Declaration Of Public Policy.
It is hereby declared as the public policy of this state that the best interests of the people of the state are served by...
Section 423.2 Definitions.
As used in this act: (a) "Company union" includes any employee association, committee, agency, or representation plan, formed or existing for the purpose, in...
Section 423.3 Employment Relations Commission; Creation; Appointment, Qualifications, And Terms Of Commissioners.
The employment relations commission is created within the department of labor. The commission consists of 3 commissioners appointed by the governor, with the advice...
Section 423.4 Employment Relations Commission; Oath Of Commissioners; Vacancies; Chairman; Removal; Quorum; Seal.
Commissioners shall qualify by taking and subscribing to the constitutional oath of office, and shall hold office until the appointment and qualification of their...
Section 423.5 Employment Relations Commission; Compensation And Expenses Of Commissioners And Employees.
A commissioner shall receive such compensation as is appropriated by the legislature. Commissioners and employees of the commission shall be entitled to actual and...
Section 423.6 Repealed. 1978, Act 250, Imd. Eff. June 20, 1978.
Compiler's Notes: The repealed section pertained to compensation of secretary, assistants, and employees of employment relations commission, and to powers and duties of secretary.
Section 423.7 Employment Relations Commission; Principal Office; Office Space; Rules.
The principal office of the commission shall be in the city of Lansing. The department of management and budget shall provide suitable office space...
Section 423.7a Employment Relations Commission; Conducting Business At Public Meeting; Notice Of Meeting; Availability Of Certain Writings To Public.
(1) The business which the commission may perform shall be conducted at a public meeting of the commission held in compliance with Act No....
Section 423.8 Employees; Rights.
Employees may do any of the following: (a) Organize together or form, join, or assist in labor organization; engage in lawful concerted activities for...
Section 423.9 Prerequisites For Strike Or Lockout; Notice Of Dispute And Statement Of Issues; Mediation.
A strike or lockout shall not take place or be put into effect until and unless each of the steps are taken and the...
Section 423.9a Election In Case Of Impending Strike; Conduct And Supervision; Time; Persons Entitled To Vote; Secret Ballot; Place; Rules; Absentee Voting; Hearing On Eligibility To Vote; Determination.
If it becomes apparent to the commission that there is no reasonable probability of settlement of a labor dispute by mediation and that further...
Section 423.9b, 423.9c Repealed. 1978, Act 250, Imd. Eff. June 20, 1978.
Compiler's Notes: The repealed sections prohibited cessation of employment or operation of business during mediation or until strike authorized, and contained provisions regarding jurisdictional disputes.
Section 423.9d Voluntary Arbitration; Existing Collective Agreement As Binding On Parties; Agreement To Arbitrate; Designation Of Arbitrator; Expense Of Arbitration; Enforcement Of Agreement; Hearings; Notice; Procedure; Transcript; Findings; Opinion And Award; Enforcement Of Award.
(1) Any labor dispute, other than a representation question, may lawfully be submitted to voluntary arbitration in the manner provided in this section. However,...
Section 423.9e Bargaining Unit.
The commission, after consultation with the parties, shall determine such a bargaining unit as will best secure to the employees their right of collective...
Section 423.9f Mass Picketing; Threats Or Force, Picketing Private Residence, Misdemeanor.
It shall be unlawful (1) for any person or persons to hinder or prevent by masspicketing, unlawful threats or force the pursuit of any...
Section 423.9g Copy Or Statement Of Most Recent Offer Submitted By Employer To Bargaining Unit.
When a vote is held pursuant to this act on the question of calling a strike, the commission, if so requested by the employer...
Section 423.10 Steps By Commission To Effect Settlement.
(1) After the commission receives the above notice, or upon its own motion, in an existing, imminent or threatened labor dispute, the commission may...
Section 423.11 Hearings; Witnesses; Oaths; Evidence; Subpoena; Order Requiring Appearance; Contempt; Service Of Process Or Papers; Proof Of Service.
(1) Subject to Act No. 267 of the Public Acts of 1976, the commission and each commissioner and each person designated by the commission...
Section 423.12 Disqualification Of Commissioner.
A commissioner having any financial interest in or having membership in or affiliation with any labor organization in a trade, business, or occupation in...
Section 423.13-423.13g Repealed. 1978, Act 250, Imd. Eff. June 20, 1978.
Compiler's Notes: The repealed sections pertained to labor disputes involving hospital or public utility employees.
Section 423.14 Agreements Between Employer And Union; Prohibitions; Court Jurisdiction; Violation; Penalty; Civil Action; Appropriation.
(1) An individual shall not be required as a condition of obtaining or continuing employment to do any of the following: (a) Refrain or...
Section 423.15 Unlawful Possession Of Property; Penalty.
It shall be unlawful for any person to enter or take part in entering upon, or take possession or control of, any property, or...
Section 423.16 Company Unions; Interference With Unions And Discrimination Prohibited.
It shall be unlawful for an employer or any officer or agent of an employer (1) to interfere with, restrain or coerce employees in...
Section 423.17 Prohibited Conduct; Violation; Civil Fine.
(1) An employee or other person shall not by force, intimidation, or unlawful threats compel or attempt to compel any person to do any...
Section 423.17a Unlawful Picketing To Force Recognition Or Bargain With Labor Organization.
It shall be unlawful for a labor organization or its agents to picket or cause to be picketed, or threaten to picket or cause...
Section 423.19 Liberal Construction Of Act; Police Powers.
This act shall be deemed an exercise of the police power of the state of Michigan for the protection of the public welfare, safety,...
Section 423.20 Expenses Paid From Legislated Appropriations.
The expense of carrying out the provisions of this act shall be paid from appropriations made therefor by the legislature. History: 1939, Act 176,...
Section 423.22 Unlawful Acts; Legal Or Equitable Remedy.
(1) It shall be unlawful for an employer to engage in a lockout or for a labor organization to engage in or instigate a...
Section 423.22a Repealed. 1949, Act 230, Imd. Eff. May 31, 1949.
Compiler's Notes: The repealed section provided for use of other legal or equitable remedy.
Section 423.23 Review Of Rulings Or Orders By Supreme Court; Exceptions; Violations Of Certain Provisions As Unfair Labor Practices; Remedies; Procedures.
(1) Rulings or orders promulgated by the commission shall be reviewable only by the supreme court and on petition for writ of certiorari or...
Section 423.24 Conspiracy; Penalty.
Any person who shall conspire with 1 or more other persons to violate any of the provisions of this act, violation of which is...
Section 423.25 Written Findings As To Matters In Disagreement; Availability Of Writings To Public.
(1) When in the course of mediation under section 7 of Act No. 336 of the Public Acts of 1947, as amended, being section...
Section 423.25a Confidential Information.
(1) Except as provided in subsection (2), a member of the commission or a labor mediator, or other agent of the commission dealing with...
Section 423.26 Collective Bargaining Representatives; Duties; Grievances By Individual Employee; Adjustment.
Representatives designated or selected for the purposes of collective bargaining by the majority of the employees in a unit appropriate for such purposes, shall...
Section 423.27 Petition As To Representation; Investigation; Hearing; Election.
When a petition is filed, in accordance with rules prescribed by the commission: (a) By an employee or group of employees, or an individual...
Section 423.28 Determination Of Appropriate Unit For Collective Bargaining.
The commission shall decide in each case, in order to insure employees the full benefit of their right to self-organization, to collective bargaining and...
Section 423.29 Directing Election In Bargaining Unit; Eligibility To Vote; Rules; Rerun And Runoff Elections; Election On Petition Of Persons Not Parties To Collective Bargaining Agreement.
An election shall not be directed in any bargaining unit or any subdivision within which, in the preceding 12-month period, a valid election was...
Section 423.30 Duty To Bargain; Collective Bargaining, Definition.
An employer shall bargain collectively with the representatives of its employees as defined in section 26 and is authorized to make and enter into...

Last modified: October 10, 2016