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 RelationsAdmin Rule: R 423.101 et seq. of the Michigan Administrative Code.
Structure Michigan Compiled Laws
Chapter 423 - Labor Disputes and Employment Relations
Act 336 of 1947 - Public Employment Relations (423.201 - 423.217)
Section 423.201 - Definitions; Rights of Public Employees.
Section 423.201a - Provisions Subject to Certain Acts.
Section 423.202 - Strike by Public Employee; Lockout by Public School Employer.
Section 423.204 - Repealed. 1965, Act 379, Imd. Eff. July 23, 1965.
Section 423.204a - Application of Act to State Civil Service Employees.
Section 423.205 - Repealed. 1965, Act 379, Imd. Eff. July 23, 1965.
Section 423.207a - Additional Mediation.
Section 423.208 - Repealed. 1965, Act 379, Imd. Eff. July 23, 1965.
Section 423.209 - Public Employees; Rights; Prohibited Conduct; Violation; Civil Fine.
Section 423.216 - Violations of MCL 423.210 as Unfair Labor Practices; Remedies; Procedures.