Michigan Compiled Laws
Act 176 of 1939 - Employment Relations Commission (423.1 - 423.30)
Section 423.2 - Definitions.

Sec. 2.
As used in this act:
(a) "Company union" includes any 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 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 any employee, and is not limited to the employees of a particular employer, unless the act explicitly provides otherwise, and includes any individual whose work has ceased as a consequence of, or in connection with, any current labor dispute or because of any act that is illegal under this act, and who has not obtained any other regular and substantially equivalent employment, but does not include any individual employed as an agricultural laborer, or in the domestic service of any family or any person at his home, or any individual employed by his parent or spouse, or any individual employed as an executive or supervisor, or any 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 a person and includes any person acting as an agent of an employer, but does not include the United States or any corporation wholly owned by the United States; any federal reserve bank; any employer subject to the railway labor act, 45 USC 151 to 188; the state or any political subdivision thereof; any labor organization, or anyone acting in the capacity of officer or agent of such 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 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.
History: 1939, Act 176, Imd. Eff. June 8, 1939 ;-- CL 1948, 423.2 ;-- Am. 1949, Act 230, Imd. Eff. May 31, 1949 ;-- Am. 1969, Act 181, Imd. Eff. Aug. 5, 1969 ;-- 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 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."

Structure Michigan Compiled Laws

Michigan Compiled Laws

Chapter 423 - Labor Disputes and Employment Relations

Act 176 of 1939 - Employment Relations Commission (423.1 - 423.30)

Section 423.1 - Declaration of Public Policy.

Section 423.2 - Definitions.

Section 423.3 - Employment Relations Commission; Creation; Appointment, Qualifications, and Terms of Commissioners.

Section 423.4 - Employment Relations Commission; Oath of Commissioners; Vacancies; Chairman; Removal; Quorum; Seal.

Section 423.5 - Employment Relations Commission; Compensation and Expenses of Commissioners and Employees.

Section 423.6 - Repealed. 1978, Act 250, Imd. Eff. June 20, 1978.

Section 423.7 - Employment Relations Commission; Principal Office; Office Space; Rules.

Section 423.7a - Employment Relations Commission; Conducting Business at Public Meeting; Notice of Meeting; Availability of Certain Writings to Public.

Section 423.8 - Employees; Rights.

Section 423.9 - Prerequisites for Strike or Lockout; Notice of Dispute and Statement of Issues; Mediation.

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.

Section 423.9b, 423.9c - Repealed. 1978, Act 250, Imd. Eff. June 20, 1978.

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; Opini...

Section 423.9e - Bargaining Unit.

Section 423.9f - Mass Picketing; Threats or Force, Picketing Private Residence, Misdemeanor.

Section 423.9g - Copy or Statement of Most Recent Offer Submitted by Employer to Bargaining Unit.

Section 423.10 - Steps by Commission to Effect Settlement.

Section 423.11 - Hearings; Witnesses; Oaths; Evidence; Subpoena; Order Requiring Appearance; Contempt; Service of Process or Papers; Proof of Service.

Section 423.12 - Disqualification of Commissioner.

Section 423.13-423.13g - Repealed. 1978, Act 250, Imd. Eff. June 20, 1978.

Section 423.14 - Agreements Between Employer and Union; Prohibitions; Court Jurisdiction; Violation; Penalty; Civil Action; Appropriation.

Section 423.15 - Unlawful Possession of Property; Penalty.

Section 423.16 - Company Unions; Interference With Unions and Discrimination Prohibited.

Section 423.17 - Prohibited Conduct; Violation; Civil Fine.

Section 423.17a - Unlawful Picketing to Force Recognition or Bargain With Labor Organization.

Section 423.19 - Liberal Construction of Act; Police Powers.

Section 423.20 - Expenses Paid From Legislated Appropriations.

Section 423.22 - Unlawful Acts; Legal or Equitable Remedy.

Section 423.22a - Repealed. 1949, Act 230, Imd. Eff. May 31, 1949.

Section 423.23 - Review of Rulings or Orders by Supreme Court; Exceptions; Violations of Certain Provisions as Unfair Labor Practices; Remedies; Procedures.

Section 423.24 - Conspiracy; Penalty.

Section 423.25 - Written Findings as to Matters in Disagreement; Availability of Writings to Public.

Section 423.25a - Confidential Information.

Section 423.26 - Collective Bargaining Representatives; Duties; Grievances by Individual Employee; Adjustment.

Section 423.27 - Petition as to Representation; Investigation; Hearing; Election.

Section 423.28 - Determination of Appropriate Unit for Collective Bargaining.

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.

Section 423.30 - Duty to Bargain; Collective Bargaining, Definition.