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

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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Section 423.6 - Repealed. 1978, Act 250, Imd.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.