December 12, 2017, Introduced by Senators BIEDA, HOPGOOD, HOOD, GREGORY, JOHNSON, WARREN, KNEZEK, HERTEL, YOUNG, ANANICH and ROCCA and referred to the Committee on Government Operations.
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; to make
appropriations; and to prescribe means of enforcement and penalties
for violations of this act,"
by amending sections 1, 2, 8, 14, 17, and 22 (MCL 423.1, 423.2,
423.8, 423.14, 423.17, and 423.22), as amended by 2012 PA 348.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1. It is hereby declared as the public policy of this
state
that the best interests of the people of the this state
are
served
by protecting their right to work in a manner consistent
with
section 14(b) of the national labor relations act, 29 USC
164(b),
and preventing or promptly settling the prevention or
prompt settlement of labor disputes; that strikes and lockouts and
other forms of industrial strife, regardless of where the merits of
the controversy lie, are forces productive ultimately of economic
waste; that the interests and rights of the consumers and the
people
of the this state, while not direct parties thereto, to
labor disputes, should always be considered, respected and
protected;
and that the voluntary mediation of such labor disputes
under the guidance and supervision of a governmental agency will
tend to promote permanent industrial peace and the health, welfare,
comfort, and
safety of the people of the this
state.
Sec. 2. As used in this act:
(a)
"Company union" includes any means an employee
association, committee, agency, or representation plan, formed or
existing for the purpose, in whole or in part, of dealing with
employers concerning grievances or terms and conditions of
employment, which in any manner or to any extent, and by any form
of participation, interference, or assistance, financial or
otherwise,
either in its organization, operation, or
administration,
is dominated or controlled, sponsored, or
supervised, maintained, directed, or financed by the employer.
(b) "Dispute" and "labor dispute" include but are not
restricted
limited to any controversy concerning terms, tenure, or
conditions of employment, or concerning the association or
representation of employees in negotiating, fixing, maintaining, or
changing terms or conditions of employment, regardless of whether
the disputants stand in the proximate relation of employer and
employee.
(c) "Commission" means the employment relations commission
created by section 3.
(d) "Person" includes an individual, partnership, association,
corporation, business trust, labor organization, or any other
private entity.
(e)
"Employee" includes means
any employee, and is not limited
to the employees of a particular employer, unless the act
explicitly
provides otherwise, and includes any an individual whose
work has ceased as a consequence of, or in connection with, any
current
labor dispute or because of any an
act that is illegal
under
prohibited by this act, and who has not obtained any other
regular
and substantially equivalent employment.
, but However,
employee
does not include any an individual
employed as an
agricultural
laborer , or in
the domestic service of any a
family
or
any person at his or her home, or any an individual employed by
his
or her parent or spouse, or any an individual
employed as an
executive
or supervisor, or any an individual employed by an
employer subject to the railway labor act, 45 USC 151 to 188, or by
any other person who is not an employer as defined in this act.
(f)
"Employer" means is
limited to a person and includes any
a
person acting as an agent of an employer, but does not include the
United
States or any a corporation wholly owned by the United
States;
any a federal reserve bank; any an employer
subject to the
railway
labor act, 45 USC 151 to 188; the this state or any a
political
subdivision thereof; any of
this state; or a labor
organization, or anyone acting in the capacity of officer or agent
of
such a labor organization, other than when acting as an
employer. ;
or any entity subject to 1947 PA 336, MCL 423.201 to
423.217.
(g)
"Labor organization" means any an organization, of
any
kind,
or any agency, or
employee representation committee or plan,
in which employees participate and that exists for the purpose, in
whole or in part, of dealing with employers concerning grievances,
labor disputes, wages, rates of pay, hours of employment, or
conditions of work.
Sec.
8. Employees may do any of the following:
(a)
Organize organize together or form, join, or assist in
labor organization; engage in lawful concerted activities for the
purpose of collective negotiation or bargaining or other mutual aid
and protection; or negotiate or bargain collectively with their
employers through representatives of their own free choice.
(b)
Refrain from any or all of the activities identified in
subdivision
(a).
Sec.
14. (1) An individual shall not be required as a
condition
of obtaining or continuing employment to do any of the
following:
(a)
Refrain or resign from membership in, voluntary
affiliation
with, or voluntary financial support of a labor
organization.
(b)
Become or remain a member of a labor organization.
(c)
Pay any dues, fees, assessments, or other charges or
expenses
of any kind or amount or provide anything of value to a
labor
organization.
(d)
Pay to any charitable organization or third party an
amount
that is in lieu of, equivalent to, or any portion of dues,
fees,
assessments, or other charges or expenses required of members
of
or employees represented by a labor organization.
(2)
An agreement, contract, understanding, or practice between
or
involving an employer and a labor organization that violates
subsection
(1) is unlawful and unenforceable. This subsection
applies
only to an agreement, contract, understanding, or practice
that
takes effect or is extended or renewed after the effective
date
of the 2012 amendatory act that amended this section.
(3)
Subsections (1) and (2) shall be implemented to the
maximum
extent permitted by the United States constitution and
federal
law.
(4)
The court of appeals has exclusive original jurisdiction
over
any action challenging the validity of subsection (1), (2), or
(3).
The court of appeals shall hear the action in an expedited
manner.
(5)
A person, employer, or labor organization that violates
subsection
(1) is liable for a civil fine of not more than $500.00.
A
civil fine recovered under this section shall be submitted to the
state
treasurer for deposit in the general fund of this state.
(6)
Except for actions required to be brought under subsection
(4),
a person who suffers an injury as a result of a violation or
threatened
violation of subsection (1) may bring a civil action for
damages,
injunctive relief, or both. In addition, a court shall
award
court costs and reasonable attorney fees to a plaintiff who
prevails
in an action brought under this subsection. Remedies
provided
for in this subsection are independent of and in addition
to
other penalties and remedies prescribed by this act.
(7)
For fiscal year 2012-2013, $1,000,000.00 is appropriated
to
the department of licensing and regulatory affairs to be
expended
to do all of the following regarding the amendatory act
that
added this subsection:
(a)
Respond to public inquiries regarding the amendatory act.
(b)
Provide the commission with sufficient staff and other
resources
to implement the amendatory act.
(c)
Inform employers, employees, and labor organizations
concerning
their rights and responsibilities under the amendatory
act.
(d)
Any other purposes that the director of the department of
licensing
and regulatory affairs determines in his or her
discretion
are necessary to implement the amendatory act.This act
does not interfere with the right of an employer to enter into an
all-union agreement with either of the following:
(a) One labor organization, if it is the only organization
established among the employer's employees and is recognized by the
employer, by consent, as the representative of a majority of his or
her employees.
(b) More than 1 labor organization established among the
employer's employees, if the employer recognizes those
organizations, by consent, as the representatives of a majority of
his or her employees.
Sec. 17. (1) An employee or other person shall not by force,
intimidation, or unlawful threats compel or attempt to compel any
person to do any of the following:
(a)
Become or remain a member of a labor organization. or
otherwise
affiliate with or financially support a labor
organization.
(b)
Refrain from engaging in employment. or refrain from
joining
a labor organization or otherwise affiliating with or
financially
supporting a labor organization.
(c)
Pay to any charitable organization or third party an
amount
that is in lieu of, equivalent to, or any portion of dues,
fees,
assessments, or other charges or expenses required of members
of
or employees represented by a labor organization.
(2)
A person who violates this section is liable for a civil
fine
of not more than $500.00. A civil fine recovered under this
section
shall be submitted to the state treasurer for deposit in
the
general fund of this state.A person
who violates this section
is guilty of a misdemeanor punishable by imprisonment for not more
than 90 days or a fine of not more than $500.00, or both.
Sec.
22. (1) It shall be unlawful for an employer to An
employer
shall not engage in a lockout or for
and a labor
organization
to shall not engage in or instigate a strike without
first having served notice as required in section 9.
(2)
It shall be unlawful for any An
individual to shall not
instigate
a lockout or strike that is unlawful prohibited under
this section.
(3)
Any A person may pursue any appropriate legal or equitable
remedy
or other relief in any circuit a
court having jurisdiction
with
respect to any an act or conduct in violation of any of the
provisions
of that violates this act, except subsection (1) and
sections
14(4), 16, 16 and 17a. The existence of a criminal penalty
with respect to any such act or conduct does not preclude
appropriate equitable relief.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.