HOUSE BILL No. 4501


     March 13, 1997, Introduced by Reps. Rison, Willard, Freeman, Wallace, Bogardus, Brewer, Tesanovich, LaForge, Brown, Schauer, Thomas, Griffin, Hale, Wojno, Schermesser, Leland, Callahan, Hanley, Agee, Kilpatrick, Price, Schroer, Curtis, Gubow, Brater, Parks, Varga, Hood, Prusi, Scott, DeHart, Cherry, Kelly, Vaughn, Emerson, Gagliardi, Anthony, Mathieu,
Ciaramitaro, Harder, Dobronski, Baade, Baird and Martinez and referred to the Committee on Labor and Occupational Safety.


        A bill to amend 1939 PA 176, entitled

   "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; and to
   prescribe means of enforcement and penalties for violations of
   this act,"

   by amending section 16 (MCL 423.16).

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 1         Sec. 16.  It shall be unlawful for an  AN employer or  any 

 2    AN officer or agent of an employer  (1) to interfere  SHALL NOT

 3    DO ANY OF THE FOLLOWING:

 4         (A) INTERFERE with, restrain, or coerce employees in the

 5    exercise of their rights guaranteed in section 8.  ; (2) to

 6     initiate 


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 1         (B) INITIATE, create, dominate, contribute to, or interfere

 2    with the formation or administration of  ,  any labor

 3    organization.  :  Provided, That  THIS SUBDIVISION DOES NOT

 4    PROHIBIT an employer  shall not be prohibited  from permitting

 5    employees to confer with him OR HER during working hours without

 6    loss of time or pay.  ; (3) to discriminate 

 7         (C) DISCRIMINATE in regard to  hire,  HIRING OR terms or

 8     other  conditions of employment in order to encourage or dis-

 9    courage membership in  any  A labor organization.  ; (4) to

10     encourage 

11         (D) ENCOURAGE membership in, or initiate, create, dominate,

12    or contribute to, a company union.  ; (5) to discriminate 

13         (E) DISCRIMINATE against any employee because he OR SHE has

14    given testimony or instituted a proceeding under this act.  ; or

15     (6) to refuse 

16         (F) REFUSE to bargain collectively with  the  A representa-

17    tive of his OR HER employees, subject to  the provisions of  sec-

18    tion 26.

19         (G) OFFER OR GRANT THE STATUS OF A PERMANENT REPLACEMENT

20    EMPLOYEE TO AN INDIVIDUAL FOR PERFORMING BARGAINING UNIT WORK FOR

21    THE EMPLOYER DURING A LABOR DISPUTE, OR OTHERWISE OFFER OR GRANT

22    AN INDIVIDUAL ANY EMPLOYMENT PREFERENCE BASED ON THE FACT THAT

23    THE INDIVIDUAL WAS EMPLOYED OR INDICATED A WILLINGNESS TO BE

24    EMPLOYED DURING A LABOR DISPUTE OVER AN INDIVIDUAL WHO MEETS ALL

25    OF THE FOLLOWING REQUIREMENTS:

26         (i) WAS AN EMPLOYEE OF THE EMPLOYER AT THE COMMENCEMENT OF

27    THE LABOR DISPUTE.



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 1         (ii) HAS EXERCISED THE RIGHT TO JOIN, ASSIST, OR ENGAGE IN

 2    OTHER CONCERTED ACTIVITIES FOR THE PURPOSE OF COLLECTIVE BARGAIN-

 3    ING OR OTHER MUTUAL AID OR PROTECTION THROUGH THE LABOR ORGANIZA-

 4    TION INVOLVED IN THE LABOR DISPUTE.

 5         (iii) IS WORKING FOR, OR HAS UNCONDITIONALLY OFFERED TO

 6    RETURN TO WORK FOR, THE EMPLOYER.












































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