reglab/statecodes huggingface dataset:
2023 Michigan Compiled Laws › Chapter 423 - Labor Disputes and Employment Relations › Act 176 of 1939 - Employment Relations Commission (423.1 - 423.30) › Section 423.17a - Unlawful Picketing to Force Recognition or Bargain With Labor Organization.

423.17a Unlawful picketing to force recognition or bargain with labor organization.
Sec. 17a.
It shall be unlawful for a labor organization or its agents to picket or cause to be picketed, or threaten to picket or cause to be picketed, any employer where the primary object thereof is forcing or requiring an employer to recognize or bargain with a labor organization as the representative of his employees, or forcing or requiring the employees of an employer to accept or select such labor organization as their collective bargaining representative
(1) Where another labor organization has been certified or has been lawfully recognized in accordance with this act and a question concerning representation may not appropriately be raised under section 27, or
(2) Where, within the preceding twelve months a valid election under section 27 has been conducted,
unless the picketing labor organization is currently certified or lawfully recognized as the representative of such employees.
History:
Add. 1965, Act 282, Imd. Eff. July 22, 1965
2023 Michigan Compiled Laws › Chapter 423 - Labor Disputes and Employment Relations › Act 176 of 1939 - Employment Relations Commission (423.1 - 423.30) › Section 423.19 - Liberal Construction of Act; Police Powers.

423.19 Liberal construction of act; police powers.
Sec. 19.
This act shall be deemed an exercise of the police power of the state of Michigan for the protection of the public welfare, safety, prosperity, health and peace of the people; and all the provisions of this act shall be liberally construed for the accomplishment of said purposes.
History:
1939, Act 176, Imd. Eff. June 8, 1939 ;-- CL 1948, 423.19
2023 Michigan Compiled Laws › Chapter 423 - Labor Disputes and Employment Relations › Act 176 of 1939 - Employment Relations Commission (423.1 - 423.30) › Section 423.20 - Expenses Paid From Legislated Appropriations.

423.20 Expenses paid from legislated appropriations.
Sec. 20.
The expense of carrying out the provisions of this act shall be paid from appropriations made therefor by the legislature.
History:
1939, Act 176, Imd. Eff. June 8, 1939 ;-- CL 1948, 423.20 ;-- Am. 1949, Act 230, Imd. Eff. May 31, 1949
2023 Michigan Compiled Laws › Chapter 423 - Labor Disputes and Employment Relations › Act 176 of 1939 - Employment Relations Commission (423.1 - 423.30) › Section 423.22 - Unlawful Acts; Legal or Equitable Remedy.

423.22 Unlawful acts; legal or equitable remedy.
Sec. 22.
(1) It shall be unlawful for an employer to engage in a lockout or for a labor organization to engage in or instigate a strike without first having served notice as required in section 9.
(2) It shall be unlawful for any individual to instigate a lockout or strike that is unlawful under this section.
(3) Any person may pursue any appropriate legal or equitable remedy or other relief in any circuit court having jurisdiction with respect to any act or conduct in violation of any of the provisions of this act, except subsection (1) and sections 14(4), 16, and 17a. The existence of a criminal penalty with respect to any such act or conduct does not preclude appropriate equitable relief.
History:
Add. 1947, Act 318, Eff. Oct. 11, 1947 ;-- CL 1948, 423.22 ;-- Am. 1949, Act 230, Imd. Eff. May 31, 1949 ;-- Am. 1965, Act 282, Imd. Eff. July 22, 1965 ;-- Am. 1978, Act 250, Imd. Eff. June 20, 1978 ;-- Am. 2012, Act 348, Eff. Mar. 28, 2013
Compiler's Notes:
Enacting section 1 of Act 348 of 2012 provides:"Enacting section 1. If any part or parts of this act are found to be in conflict with the state constitution of 1963, the United States constitution, or federal law, this act shall be implemented to the maximum extent that the state constitution of 1963, the United States constitution, and federal law permit. Any provision held invalid or inoperative shall be severable from the remaining portions of this act."
2023 Michigan Compiled Laws › Chapter 423 - Labor Disputes and Employment Relations › Act 176 of 1939 - Employment Relations Commission (423.1 - 423.30) › Section 423.22a - Repealed. 1949, Act 230, Imd. Eff. May 31, 1949.

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.
2023 Michigan Compiled Laws › Chapter 423 - Labor Disputes and Employment Relations › Act 176 of 1939 - Employment Relations Commission (423.1 - 423.30) › Section 423.24 - Conspiracy; Penalty.

423.24 Conspiracy; penalty.
Sec. 24.
Any person who shall conspire with 1 or more other persons to violate any of the provisions of this act, violation of which is made a penal offense hereunder, shall upon conviction thereof, be deemed guilty of a misdemeanor, and punished by a fine of not to exceed $1,000.00, or by imprisonment of not to exceed 6 months, or both.
History:
Add. 1949, Act 230, Imd. Eff. May 31, 1949
2023 Michigan Compiled Laws › Chapter 423 - Labor Disputes and Employment Relations › Act 176 of 1939 - Employment Relations Commission (423.1 - 423.30) › Section 423.25 - Written Findings as to Matters in Disagreement; Availability of Writings to Public.

423.25 Written findings as to matters in disagreement; availability of writings to public.
Sec. 25.
(1) When in the course of mediation under section 7 of Act No. 336 of the Public Acts of 1947, as amended, being section 423.207 of the Michigan Compiled Laws, it shall become apparent to the commission that matters in disagreement between the parties might be more readily settled if the facts involved in the disagreement were determined and publicly known, the commission may make written findings with respect to the matters in disagreement. The findings shall not be binding upon the parties but shall be made public.
(2) A writing prepared, owned, used, in the possession of, or retained by the mediation panel in the performance of an official function shall be made available to the public in compliance with Act No. 442 of the Public Acts of 1976.
History:
Add. 1949, Act 230, Imd. Eff. May 31, 1949 ;-- Am. 1954, Act 86, Eff. Aug. 13, 1954 ;-- Am. 1956, Act 140, Eff. Aug. 11, 1956 ;-- Am. 1976, Act 17, Imd. Eff. Feb. 20, 1976 ;-- Am. 1977, Act 203, Imd. Eff. Nov. 17, 1977 ;-- Am. 1978, Act 250, Imd. Eff. June 20, 1978
2023 Michigan Compiled Laws › Chapter 423 - Labor Disputes and Employment Relations › Act 176 of 1939 - Employment Relations Commission (423.1 - 423.30) › Section 423.25a - Confidential Information.

423.25a Confidential information.
Sec. 25a.
(1) Except as provided in subsection (2), a member of the commission or a labor mediator, or other agent of the commission dealing with the mediation process shall not disclose confidential information received by him for the purpose of resolving a dispute in the course of his official duties under this act.
(2) Subsection (1) shall not apply to confidential information received by a member of the commission or a labor mediator, or other agent of the commission dealing with the mediation process from an informant who is a victim of or involved in a crime, other than criminal contempt in a proceeding arising out of a violation of this act, at a legislative, administrative, or judicial proceeding in which the commission of that crime is the subject of inquiry.
(3) As used in this section, "confidential information" means a statement, report, memorandum, document, or other communication or instrument which is not intended to be disclosed to third persons other than those to whom disclosure is necessary to enable the member of the commission or the labor mediator, or other agent of the commission dealing with the mediation process to perform his duties in resolving the dispute.
History:
Add. 1976, Act 268, Eff. Mar. 31, 1977
2023 Michigan Compiled Laws › Chapter 423 - Labor Disputes and Employment Relations › Act 176 of 1939 - Employment Relations Commission (423.1 - 423.30) › Section 423.26 - Collective Bargaining Representatives; Duties; Grievances by Individual Employee; Adjustment.

423.26 Collective bargaining representatives; duties; grievances by individual employee; adjustment.
Sec. 26.
Representatives designated or selected for the purposes of collective bargaining by the majority of the employees in a unit appropriate for such purposes, shall be the exclusive representatives of all the employees in such unit for the purposes of collective bargaining in respect to rates of pay, wages, hours of employment or other conditions of employment, and shall be so recognized by the employer: Provided, That any individual employee at any time may present grievances to his employer and have the grievances adjusted, without intervention of the bargaining representative, if the adjustment is not inconsistent with the terms of a collective bargaining contract or agreement then in effect, if the bargaining representative has been given opportunity to be present at such adjustment.
History:
Add. 1965, Act 282, Imd. Eff. July 22, 1965
2023 Michigan Compiled Laws › Chapter 423 - Labor Disputes and Employment Relations › Act 176 of 1939 - Employment Relations Commission (423.1 - 423.30) › Section 423.27 - Petition as to Representation; Investigation; Hearing; Election.

423.27 Petition as to representation; investigation; hearing; election.
Sec. 27.
When a petition is filed, in accordance with rules prescribed by the commission:
(a) By an employee or group of employees, or an individual or labor organization acting in their behalf, alleging that 30% or more of the employees within a unit claimed to be appropriate for such purpose wish to be represented for collective bargaining and that their employer declines to recognize their representative as the representative defined in section 26, or assert that the individual or labor organization, which was certified or is being currently recognized by their employer as the bargaining representative, is no longer a representative as defined in section 26; or
(b) By an employer or his representative alleging that 1 or more individuals or labor organizations have presented to him a claim to be recognized as the representative defined in section 26; the commission shall investigate the petition and, if it has reasonable cause to believe that a question of representation exists, shall provide an appropriate hearing after due notice. If the commission finds upon the record of the hearing that a question of representation exists, it shall direct an election by secret ballot and shall certify the results thereof. Nothing in this section shall be construed to prohibit the waiving of hearings by stipulation for the purpose of a consent election in conformity with the rules of the commission.
History:
Add. 1965, Act 282, Imd. Eff. July 22, 1965 ;-- Am. 1976, Act 17, Imd. Eff. Feb. 20, 1976
Admin Rule:
R 423.101 et seq. of the Michigan Administrative Code.
2023 Michigan Compiled Laws › Chapter 423 - Labor Disputes and Employment Relations › Act 176 of 1939 - Employment Relations Commission (423.1 - 423.30) › Section 423.28 - Determination of Appropriate Unit for Collective Bargaining.

423.28 Determination of appropriate unit for collective bargaining.
Sec. 28.
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 otherwise to effectuate the policies of this act, the unit appropriate for the purposes of collective bargaining as provided in section 9e.
History:
Add. 1965, Act 282, Imd. Eff. July 22, 1965 ;-- Am. 1976, Act 17, Imd. Eff. Feb. 20, 1976
2023 Michigan Compiled Laws › Chapter 423 - Labor Disputes and Employment Relations › Act 176 of 1939 - Employment Relations Commission (423.1 - 423.30) › 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.

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.
Sec. 29.
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 held. The commission shall determine who is eligible to vote in the election and shall promulgate rules governing the election. A rerun election may be conducted in the event of conduct improperly affecting a prior election. In an election involving more than 2 choices, where none of the choices on the ballot receives a majority vote, a runoff election shall be conducted between the 2 choices receiving the 2 largest numbers of valid votes cast in the election. An election shall not be directed in any bargaining unit or subdivision thereof where there is in force and effect a valid collective bargaining agreement which was not prematurely extended and which is of fixed duration. A collective bargaining agreement shall not bar an election upon the petition of persons not parties thereto where more than 3 years have elapsed since the agreement's execution or last timely renewal, whichever was later.
History:
Add. 1965, Act 282, Imd. Eff. July 22, 1965 ;-- Am. 1976, Act 17, Imd. Eff. Feb. 20, 1976
2023 Michigan Compiled Laws › Chapter 423 - Labor Disputes and Employment Relations › Act 176 of 1939 - Employment Relations Commission (423.1 - 423.30) › Section 423.30 - Duty to Bargain; Collective Bargaining, Definition.

423.30 Duty to bargain; collective bargaining, definition.
Sec. 30.
An employer shall bargain collectively with the representatives of its employees as defined in section 26 and is authorized to make and enter into collective bargaining agreements with such representatives. For the purposes of this section, to bargain collectively is the performance of the mutual obligation of the employer and the representative of the employees to meet at reasonable times and confer in good faith with respect to wages, hours and other terms and conditions of employment, or the negotiation of an agreement, or any question arising under an agreement, and the execution of a written contract incorporating any agreement reached if requested by either party, but such obligation does not compel either party to agree to a proposal or require the making of a concession.
History:
Add. 1965, Act 282, Imd. Eff. July 22, 1965
2023 Michigan Compiled Laws › Chapter 423 - Labor Disputes and Employment Relations › Act 336 of 1947 - Public Employment Relations (423.201 - 423.217) › Section 423.201a - Provisions Subject to Certain Acts.

423.201a Provisions subject to certain acts.
Sec. 1a.
The provisions of this act are subject to all of the following:
(a) The municipal partnership act.
(b) 1967 (Ex Sess) PA 8, MCL 124.531 to 124.536.
(c) The urban cooperation act of 1967, 1967 (Ex Sess) PA 7, MCL 124.501 to 124.512.
(d) 1988 PA 57, MCL 124.601 to 124.614.
History:
Add. 2011, Act 259, Imd. Eff. Dec. 14, 2011
Popular Name:
Public Employment Relations
2023 Michigan Compiled Laws › Chapter 423 - Labor Disputes and Employment Relations › Act 336 of 1947 - Public Employment Relations (423.201 - 423.217) › Section 423.202 - Strike by Public Employee; Lockout by Public School Employer.

423.202 Strike by public employee; lockout by public school employer.
Sec. 2.
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 if there is a total or partial cessation of the public school employer's operations in response to a strike held in violation of this section.
History:
1947, Act 336, Eff. Oct. 11, 1947 ;-- CL 1948, 423.202 ;-- Am. 1994, Act 112, Eff. Mar. 30, 1995
Popular Name:
Public Employment Relations
2023 Michigan Compiled Laws › Chapter 423 - Labor Disputes and Employment Relations › Act 336 of 1947 - Public Employment Relations (423.201 - 423.217) › Section 423.203 - Public Employees; Persons in Authority Approving or Consenting to Strike Prohibited; Participating in Submittal of Grievance.

423.203 Public employees; persons in authority approving or consenting to strike prohibited; participating in submittal of grievance.
Sec. 3.
No person exercising any authority, supervision or direction over any public employee shall have the power to authorize, approve or consent to a strike by public employees, and such person shall not authorize, approve or consent to such strike, nor shall any such person discharge or cause any public employee to be discharged or separated from his or her employment because of participation in the submission of a grievance in accordance with the provisions of section 7.
History:
1947, Act 336, Eff. Oct. 11, 1947 ;-- CL 1948, 423.203 ;-- Am. 1965, Act 379, Imd. Eff. July 23, 1965
Popular Name:
Public Employment Relations
2023 Michigan Compiled Laws › Chapter 423 - Labor Disputes and Employment Relations › Act 336 of 1947 - Public Employment Relations (423.201 - 423.217) › Section 423.204 - Repealed. 1965, Act 379, Imd. Eff. July 23, 1965.

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
2023 Michigan Compiled Laws › Chapter 423 - Labor Disputes and Employment Relations › Act 336 of 1947 - Public Employment Relations (423.201 - 423.217) › Section 423.204a - Application of Act to State Civil Service Employees.

423.204a Application of act to state civil service employees.
Sec. 4a.
The provisions of this act as to state employees within the jurisdiction of the civil service commission shall be deemed to apply in so far as the power exists in the legislature to control employment by the state or the emoluments thereof.
History:
1947, Act 336, Eff. Oct. 11, 1947 ;-- CL 1948, 423.204a
Popular Name:
Public Employment Relations
2023 Michigan Compiled Laws › Chapter 423 - Labor Disputes and Employment Relations › Act 336 of 1947 - Public Employment Relations (423.201 - 423.217) › Section 423.205 - Repealed. 1965, Act 379, Imd. Eff. July 23, 1965.

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
2023 Michigan Compiled Laws › Chapter 423 - Labor Disputes and Employment Relations › Act 336 of 1947 - Public Employment Relations (423.201 - 423.217) › 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.

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.
Sec. 6.
(1) Notwithstanding the provisions of any other law, a public employee who, by concerted action with others and without the lawful approval of his or her superior, willfully absents himself or herself from his or her position, or abstains in whole or in part from the full, faithful and proper performance of his or her duties for the purpose of inducing, influencing or coercing a change in employment conditions, compensation, or the rights, privileges, or obligations of employment, or a public employee employed by a public school employer who engages in an action described in this subsection for the purpose of protesting or responding to an act alleged or determined to be an unfair labor practice committed by the public school employer, shall be considered to be on strike.
(2) Before a public employer may discipline or discharge a public employee for engaging in a strike, the public employee, upon request, is entitled to a determination under this section as to whether he or she violated this act. The request shall be filed in writing, with the officer or body having power to remove or discipline the employee, within 10 days after regular compensation of the employee has ceased or other discipline has been imposed. If a request is filed, the officer or body, within 5 days after receipt of the request, shall commence a proceeding for the determination of whether the public employee has violated this act. The proceedings shall be held in accordance with the law and regulations appropriate to a proceeding to remove the public employee and shall be held without unnecessary delay. The decision of the officer or body shall be made within 2 days after the conclusion of the proceeding. If the employee involved is found to have violated this act and his or her employment is terminated or other discipline is imposed, the employee has the right of review to the circuit court having jurisdiction of the parties, within 30 days from the date of the decision, for a determination as to whether the decision is supported by competent, material, and substantial evidence on the whole record. A public employer may consolidate employee hearings under this subsection unless the employee demonstrates manifest injustice from the consolidation. This subsection does not apply to a penalty imposed under section 2a.
History:
1947, Act 336, Eff. Oct. 11, 1947 ;-- CL 1948, 423.206 ;-- Am. 1965, Act 379, Imd. Eff. July 23, 1965 ;-- Am. 1994, Act 112, Eff. Mar. 30, 1995 ;-- Am. 2016, Act 194, Eff. Sept. 19, 2016
Popular Name:
Public Employment Relations
2023 Michigan Compiled Laws › Chapter 423 - Labor Disputes and Employment Relations › Act 336 of 1947 - Public Employment Relations (423.201 - 423.217) › Section 423.207 - Request for Mediation of Grievances; Powers of Commission; Notice of Status of Negotiations; Appointment of Mediator.

423.207 Request for mediation of grievances; powers of commission; notice of status of negotiations; appointment of mediator.
Sec. 7.
(1) Upon the request of the collective bargaining representative defined in section 11 or, if a representative has not been designated or selected, upon the request of a majority of any given group of public employees evidenced by a petition signed by the majority and delivered to the commission, or upon request of any public employer of the employees, the commission forthwith shall mediate the grievances set forth in the petition or notice, and for the purposes of mediating the grievances, the commission shall exercise the powers and authority conferred upon the commission by sections 10 and 11 of Act No. 176 of the Public Acts of 1939, as amended, being sections 423.10 and 423.11 of the Michigan Compiled Laws.
(2) At least 60 days before the expiration date of a collective bargaining agreement, the parties shall notify the commission of the status of negotiations. If the dispute remains unresolved 30 days after the notification on the status of negotiations and a request for mediation is not received, the commission shall appoint a mediator.
History:
1947, Act 336, Eff. Oct. 11, 1947 ;-- CL 1948, 423.207 ;-- Am. 1965, Act 379, Imd. Eff. July 23, 1965 ;-- Am. 1973, Act 25, Imd. Eff. June 14, 1973 ;-- Am. 1976, Act 18, Imd. Eff. Feb. 20, 1976
Popular Name:
Public Employment Relations
2023 Michigan Compiled Laws › Chapter 423 - Labor Disputes and Employment Relations › Act 336 of 1947 - Public Employment Relations (423.201 - 423.217) › Section 423.207a - Additional Mediation.

423.207a Additional mediation.
Sec. 7a.
(1) In addition to mediation conducted under section 7, if a public school employer and a bargaining representative of a bargaining unit of its employees mutually agree that an impasse has been reached in collective bargaining between them, the parties may agree to participate in additional mediation under this section.
(2) If parties described in subsection (1) agree to participate in mediation under this section, then not later than 30 days after the date of impasse, each of the parties shall appoint 1 individual to represent the party in the mediation, and those 2 representatives shall select through a mutually agreed process a neutral third party to act as the mediator. The mediator and the 2 representatives shall meet to attempt to agree to a recommended settlement of the impasse.
(3) Not later than 30 days after appointment of a mediator under subsection (2), if the representatives of the parties mutually agree on a recommended settlement of the impasse, the representatives each shall present the recommended settlement to the party he or she represents for approval.
(4) If 1 or both of the parties fail to ratify a recommended settlement described in subsection (3) within the 30-day time limit specified in subsection (3), the public school employer may implement unilaterally its last offer of settlement made before the impasse occurred. This section does not limit or otherwise affect a public school employer's ability to unilaterally implement all or part of its bargaining position as otherwise provided by law.
(5) Both parties shall share equally any expenses of mediation conducted under this section.
History:
Add. 1994, Act 112, Eff. Mar. 30, 1995
Popular Name:
Public Employment Relations
2023 Michigan Compiled Laws › Chapter 423 - Labor Disputes and Employment Relations › Act 336 of 1947 - Public Employment Relations (423.201 - 423.217) › Section 423.208 - Repealed. 1965, Act 379, Imd. Eff. July 23, 1965.

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
2023 Michigan Compiled Laws › Chapter 423 - Labor Disputes and Employment Relations › Act 336 of 1947 - Public Employment Relations (423.201 - 423.217) › Section 423.209 - Public Employees; Rights; Labor Organization.

423.209 Public employees; rights; labor organization.
Sec. 9.
Public employees may organize together or form, join, or assist in labor organizations; 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 public employers through representatives of their own free choice.
History:
Add. 1965, Act 379, Imd. Eff. July 23, 1965 ;-- Am. 2012, Act 349, Eff. Mar. 28, 2013 ;-- Am. 2014, Act 414, Imd. Eff. Dec. 30, 2014 ;-- Am. 2023, Act 9, Eff. Feb. 13, 2024
Compiler's Notes:
Enacting section 1 of Act 349 of 2012 provides:"Enacting section 1. If any part or parts of this act are found to be in conflict with the state constitution of 1963, the United States constitution, or federal law, this act shall be implemented to the maximum extent that the state constitution of 1963, the United States constitution, and federal law permit. Any provision held invalid or inoperative shall be severable from the remaining portions of this act."Enacting section 1 of Act 414 of 2014 provides:"Enacting section 1. If any part or parts of this act are found to be in conflict with the state constitution of 1963, the United States constitution, or federal law, this act shall be implemented to the maximum extent that the state constitution of 1963, the United States constitution, and federal law permit. Any provision held invalid or inoperable shall be severable from the remaining portions of this act."
Popular Name:
Public Employment Relations
2023 Michigan Compiled Laws › Chapter 423 - Labor Disputes and Employment Relations › Act 336 of 1947 - Public Employment Relations (423.201 - 423.217) › Section 423.211 - Public Employees; Designation of Bargaining Representatives; Grievances of Individual Employees.

423.211 Public employees; designation of bargaining representatives; grievances of individual employees.
Sec. 11.
Representatives designated or selected for purposes of collective bargaining by the majority of the public employees in a unit appropriate for such purposes, shall be the exclusive representatives of all the public employees in such unit for the purposes of collective bargaining in respect to rates of pay, wages, hours of employment or other conditions of employment, and shall be so recognized by the public employer: Provided, That any individual employee at any time may present grievances to his employer and have the grievances adjusted, without intervention of the bargaining representative, if the adjustment is not inconsistent with the terms of a collective bargaining contract or agreement then in effect, provided that the bargaining representative has been given opportunity to be present at such adjustment.
History:
Add. 1965, Act 379, Imd. Eff. July 23, 1965
Popular Name:
Public Employment Relations
2023 Michigan Compiled Laws › Chapter 423 - Labor Disputes and Employment Relations › Act 336 of 1947 - Public Employment Relations (423.201 - 423.217) › Section 423.211a - Disclosure of Employee Employment and Contact Information to Collective Bargaining Representatives; Requirement; Collective Bargaining Agreement; Notice.

423.211a Disclosure of employee employment and contact information to collective bargaining representatives; requirement; collective bargaining agreement; notice.
Sec. 11a.
(1) Not later than 30 days after a public employer hires a public employee, the public employer shall provide the employment and contact information of the public employee to the representative of the public employee described in section 11. Every 90 days, a public employer shall provide to each representative of its public employees the employment and contact information of the public employees represented by that representative.
(2) The employment and contact information provided under subsection (1) must include all of the following for each public employee:
(a) First, middle, and last name.
(b) Department or agency.
(c) Classification.
(d) Address of primary work location.
(e) Home address. However, if the public employee's home address is a confidential address, the public employer shall not provide the home address of the public employee and shall instead provide the public employee's designated address. As used in this subdivision:
(i) "Confidential address" means that term as defined in section 3 of the address confidentiality program act, 2020 PA 301, MCL 780.853.
(ii) "Designated address" means that term as defined in section 3 of the address confidentiality program act, 2020 PA 301, MCL 780.853.
(f) Personal telephone number.
(g) Personal email address.
(h) Work email address.
(i) Date of hire.
(j) Employee identification number, if applicable.
(k) Full-time or part-time employment status.
(l) Wage.
(3) Before a public employer enters into an agreement described in section 10(5), the public employer shall inform each of its public employees to whom the agreement would apply that the public employer intends to enter into the agreement. If a public employer has entered into an agreement described in section 10(5) that is in effect or has yet to take effect, the public employer shall, before the public employer hires an individual as a public employee to whom the agreement would apply, inform the individual that the public employer has entered into an agreement described in section 10(5) that would apply to the individual.
History:
Add. 2023, Act 236, Eff. Feb. 13, 2024
2023 Michigan Compiled Laws › Chapter 423 - Labor Disputes and Employment Relations › Act 336 of 1947 - Public Employment Relations (423.201 - 423.217) › Section 423.212 - Collective Bargaining Representative; Petition; Investigation; Notice; Hearing; Election by Secret Ballot; Certification of Results; Consent Election.

423.212 Collective bargaining representative; petition; investigation; notice; hearing; election by secret ballot; certification of results; consent election.
Sec. 12.
When a petition is filed, in accordance with rules promulgated by the commission:
(a) By a public employee or group of public employees, or an individual or labor organization acting in their behalf, alleging that 30% or more of the public employees within a unit claimed to be appropriate for such purpose wish to be represented for collective bargaining and that their public employer declines to recognize their representative as the representative defined in section 11, or assert that the individual or labor organization, which is certified or is being currently recognized by their public employer as the bargaining representative, is no longer a representative as defined in section 11; or
(b) By a public employer or his representative alleging that 1 or more individuals or labor organizations have presented to him a claim to be recognized as the representative defined in section 11; The commission shall investigate the petition and, if it has reasonable cause to believe that a question of representation exists, shall provide an appropriate hearing after due notice. If the commission finds upon the record of the hearing that such a question of representation exists, it shall direct an election by secret ballot and shall certify the results thereof. Nothing in this section shall be construed to prohibit the waiving of hearings by stipulation for the purpose of a consent election in conformity with the rules of the commission.
History:
Add. 1965, Act 379, Imd. Eff. July 23, 1965 ;-- Am. 1976, Act 18, Imd. Eff. Feb. 20, 1976
Popular Name:
Public Employment Relations
Admin Rule:
R 423.101 et seq. of the Michigan Administrative Code.
2023 Michigan Compiled Laws › Chapter 423 - Labor Disputes and Employment Relations › Act 336 of 1947 - Public Employment Relations (423.201 - 423.217) › Section 423.213 - Decision as to Appropriate Collective Bargaining Unit; Supervisor of Fire Fighting Personnel.

423.213 Decision as to appropriate collective bargaining unit; supervisor of fire fighting personnel.
Sec. 13.
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 to effectuate the policies of this act, the unit appropriate for the purposes of collective bargaining as provided in section 9e of Act No. 176 of the Public Acts of 1939, as amended, being section 423.9e of the Michigan Compiled Laws: Provided, That in any fire department, or any department in whole or part engaged in, or having the responsibility of, fire fighting, no person subordinate to a fire commission, fire commissioner, safety director, or other similar administrative agency or administrator, shall be deemed to be a supervisor.
History:
Add. 1965, Act 379, Imd. Eff. July 23, 1965 ;-- Am. 1976, Act 18, Imd. Eff. Feb. 20, 1976
Popular Name:
Public Employment Relations
2023 Michigan Compiled Laws › Chapter 423 - Labor Disputes and Employment Relations › Act 336 of 1947 - Public Employment Relations (423.201 - 423.217) › 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.

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.
Sec. 14.
(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 was held. The commission shall determine who is eligible to vote in the election and shall promulgate rules governing the election. In an election involving more than 2 choices, if none of the choices on the ballot receives a majority vote, a runoff election shall be conducted between the 2 choices receiving the 2 largest numbers of valid votes cast in the election. An election shall not be directed in any bargaining unit or subdivision of any bargaining unit if there is in force and effect a valid collective bargaining agreement that was not prematurely extended and that is of fixed duration. A collective bargaining agreement does not bar an election upon the petition of persons not parties to the collective bargaining agreement if more than 3 years have elapsed since the agreement's execution or last timely renewal, whichever was later.
(2) An election shall not be directed for, and the commission or a public employer shall not recognize, a bargaining unit of a public employer consisting of individuals who are not public employees. A bargaining unit that is formed or recognized in violation of this subsection is invalid and void.
History:
Add. 1965, Act 379, Imd. Eff. July 23, 1965 ;-- Am. 1976, Act 18, Imd. Eff. Feb. 20, 1976 ;-- Am. 2012, Act 76, Imd. Eff. Apr. 10, 2012 ;-- Am. 2012, Act 349, Eff. Mar. 28, 2013
Compiler's Notes:
Enacting section 1 of Act 349 of 2012 provides:"Enacting section 1. If any part or parts of this act are found to be in conflict with the state constitution of 1963, the United States constitution, or federal law, this act shall be implemented to the maximum extent that the state constitution of 1963, the United States constitution, and federal law permit. Any provision held invalid or inoperative shall be severable from the remaining portions of this act."
Popular Name:
Public Employment Relations
Admin Rule:
R 423.101 et seq. of the Michigan Administrative Code.
2023 Michigan Compiled Laws › Chapter 423 - Labor Disputes and Employment Relations › Act 336 of 1947 - Public Employment Relations (423.201 - 423.217) › Section 423.215a - Right of Employee of Public Fire Department to Volunteer or Accept Employment With Another Fire Department.

423.215a Right of employee of public fire department to volunteer or accept employment with another fire department.
Sec. 15a.
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 that employment does not conflict with his or her performance of the original employment as determined by the original employer. This section does not create a right for a full-time employee of a public fire department to accept full-time employment with another fire department. A local unit of government shall not adopt or apply an ordinance, rule, or policy in conflict with the right granted an employee under this section. Collective bargaining between a public employer and a bargaining representative of its employees shall not include the subject of a prohibition on an employee volunteering for or obtaining paid on-call employment with another fire department.
History:
Add. 2014, Act 323, Imd. Eff. Oct. 15, 2014
Popular Name:
Public Employment Relations
2023 Michigan Compiled Laws › Chapter 423 - Labor Disputes and Employment Relations › Act 336 of 1947 - Public Employment Relations (423.201 - 423.217) › Section 423.215b - Repealed. 2023, Act 113, Eff. Feb. 13, 2024.

423.215b Repealed. 2023, Act 113, Eff. Feb. 13, 2024.
Compiler's Notes:
The repealed section pertained to the collection of union dues by public school personnel and the freezing of wages and benefits for certain public employees during contract negotiations.
2023 Michigan Compiled Laws › Chapter 423 - Labor Disputes and Employment Relations › Act 336 of 1947 - Public Employment Relations (423.201 - 423.217) › Section 423.217 - Bargaining Representative or Education Association; Prohibited Conduct; Violation of Section; “Education Association” Defined.

423.217 Bargaining representative or education association; prohibited conduct; violation of section; “education association” defined.
Sec. 17.
(1) A bargaining representative or an education association shall not veto a collective bargaining agreement reached between a public school employer and a bargaining unit consisting of employees of the public school employer; shall not require the bargaining unit to obtain the ratification of an education association before or as a condition of entering into a collective bargaining agreement; and shall not in any other way prohibit or prevent the bargaining unit from entering into, ratifying, or executing a collective bargaining agreement. The power to decide whether or not to enter into, ratify, or execute a collective bargaining agreement with a public school employer rests solely with the members of the bargaining unit who are employees of the public school employer, and shall not be delegated to a bargaining representative or an education association or conditioned on approval by a bargaining representative or an education association.
(2) If an education association, a bargaining representative, or a bargaining unit violates this section, the board of a public school employer or any other person adversely affected by the violation of this section may bring an action to enjoin the violation of this section in the circuit court for the county in which the plaintiff resides or the circuit court for the county in which the affected public school employer is located. Failure to comply with an order of the court may be punished as contempt. In addition, the court shall award court costs and reasonable attorney fees to a plaintiff who prevails in an action brought under this section.
(3) As used in this section, "education association" means an organization, whether organized on a county, regional, area, or state basis, in which employees of 1 or more public school employers participate and that exists for the common purpose of protecting and advancing the wages, hours, and working conditions of the organization's members.
History:
Add. 1994, Act 112, Eff. Mar. 30, 1995
2023 Michigan Compiled Laws › Chapter 423 - Labor Disputes and Employment Relations › Act 312 of 1969 - Compulsory Arbitration of Labor Disputes in Police and Fire Departments (423.231 - 423.247) › Section 423.231 - Compulsory Arbitration in Police and Fire Departments; Policy.

423.231 Compulsory arbitration in police and fire departments; policy.
Sec. 1.
It is the public policy of this state that in public police and fire departments, where the right of employees to strike is by law prohibited, it is requisite to the high morale of such employees and the efficient operation of such departments to afford an alternate, expeditious, effective and binding procedure for the resolution of disputes, and to that end the provisions of this act, providing for compulsory arbitration, shall be liberally construed.
History:
1969, Act 312, Eff. Oct. 1, 1969
Constitutionality:
This section does not unconstitutionally divest home-rule cities of their constitutional powers, nor does it surrender the power to tax to the arbitrators in violation of the Michigan Constitution. Dearborn Firefighters Union, Local No 412, IAFF v City of Dearborn, 394 Mich 229; 231 NW2d 226 (1975).Act No. 312 of the Public Acts of 1969, as amended by 1976 PA 84, which provides for compulsory arbitration of disputes concerning contract formation in police and fire departments, is a constitutional delegation of legislative power. City of Detroit v Detroit Police Officers Association, 408 Mich 410; 294 NW2d 68 (1980).This act, which provides for compulsory arbitration of labor disputes in municipal police and fire departments, is a constitutional delegation of legislative power, providing standards as reasonably precise as the subject matter requires or permits and adequate political accountability. Local 1277, Metropolitan Council No 23, American Federation of State, County and Municipal Employees, AFL-CIO v City of Center Line, 414 Mich 642; 327 NW2d 822 (1982).
Popular Name:
Act 312
2023 Michigan Compiled Laws › Chapter 423 - Labor Disputes and Employment Relations › Act 312 of 1969 - Compulsory Arbitration of Labor Disputes in Police and Fire Departments (423.231 - 423.247) › Section 423.233 - Initiation of Binding Arbitration Proceedings; Request.

423.233 Initiation of binding arbitration proceedings; request.
Sec. 3.
Whenever in the course of mediation of a public police or fire department employee's dispute, except a dispute concerning the interpretation or application of an existing agreement (a "grievance" dispute), the dispute has not been resolved to the agreement of both parties within 30 days of the submission of the dispute to mediation, or within such further additional periods to which the parties may agree, the employees or employer may initiate binding arbitration proceedings by prompt request therefor, in writing, to the other, with copy to the employment relations commission.
History:
1969, Act 312, Eff. Oct. 1, 1969 ;-- Am. 1977, Act 303, Imd. Eff. Jan. 3, 1978
Constitutionality:
This act is clearly constitutional. Local 1277, Metropolitan Council No 23, American Federation of State, County and Municipal Employees, AFL-CIO v City of Center Line, 414 Mich 642; 327 NW2d 822 (1982).
Popular Name:
Act 312
2023 Michigan Compiled Laws › Chapter 423 - Labor Disputes and Employment Relations › Act 312 of 1969 - Compulsory Arbitration of Labor Disputes in Police and Fire Departments (423.231 - 423.247) › Section 423.234 - Delegates; Selection; Notice.

423.234 Delegates; selection; notice.
Sec. 4.
Within 10 days thereafter, the employer shall choose a delegate and the employees' designated or selected exclusive collective bargaining representative, or if none, their previously designated representative in the prior mediation and fact-finding procedures, shall choose a delegate to a panel of arbitration as provided in this act. The employer and employees shall forthwith advise the other and the mediation board of their selections.
History:
1969, Act 312, Eff. Oct. 1, 1969
Constitutionality:
This act is clearly constitutional. Local 1277, Metropolitan Council No 23, American Federation of State, County and Municipal Employees, AFL-CIO v City of Center Line, 414 Mich 642; 327 NW2d 822 (1982).
Popular Name:
Act 312
2023 Michigan Compiled Laws › Chapter 423 - Labor Disputes and Employment Relations › Act 312 of 1969 - Compulsory Arbitration of Labor Disputes in Police and Fire Departments (423.231 - 423.247) › Section 423.235 - Selection and Designation of Impartial Arbitrator or Chair of Arbitration Panel; Michigan Employment Relations Commission Panel of Arbitrators; Appointment, Terms, Qualifications, and Removal of Members; Qualifications and Training for Service as Chair of Arbitration Panel.

423.235 Selection and designation of impartial arbitrator or chair of arbitration panel; Michigan employment relations commission panel of arbitrators; appointment, terms, qualifications, and removal of members; qualifications and training for service as chair of arbitration panel.
Sec. 5.
(1) Not later than 7 days after a request from 1 or both parties, the employment relations commission shall select from its panel of arbitrators, as provided in subsection (2), 3 persons as nominees for impartial arbitrator or chair of the arbitration panel. Not later than 5 days after the selection, each party may peremptorily strike the name of 1 of the nominees. Not later than 7 days after this 5-day period, the commission shall designate 1 of the remaining nominees as the impartial arbitrator or chair of the arbitration panel.
(2) The employment relations commission shall establish and appoint a panel of arbitrators, known as the Michigan employment relations commission panel of arbitrators. The commission shall appoint members for indefinite terms. Members shall be impartial, competent, and reputable citizens of the United States and residents of this state, and shall qualify by taking and subscribing the constitutional oath or affirmation of office. The commission may at any time appoint additional members to the panel of arbitrators and may remove existing members without cause.
(3) The employment relations commission shall establish the qualifications and training that are necessary for an individual to serve as the chair of an arbitration panel under this act. The commission may waive the qualifications and training requirements for an individual who has served as a commission-appointed chair of an arbitration panel in an arbitration proceeding under this act before July 20, 2011.
History:
1969, Act 312, Eff. Oct. 1, 1969 ;-- Am. 1976, Act 84, Imd. Eff. Apr. 17, 1976 ;-- Am. 2011, Act 116, Imd. Eff. July 20, 2011 ;-- Am. 2023, Act 172, Imd. Eff. Oct. 24, 2023
Constitutionality:
This act is clearly constitutional. Local 1277, Metropolitan Council No 23, American Federation of State, County and Municipal Employees, AFL-CIO v City of Center Line, 414 Mich 642; 327 NW2d 822 (1982).
Popular Name:
Act 312