Michigan · statute · 176 of 1939, Mich. Comp. Laws · 34 active provisions
It is hereby declared as the public policy of this state that the best interests of the people of the state are served by preventing or promptly settling labor disputes; that strikes and lockouts and other forms of industrial strife, regardless of where the merits of the controversy lie, are forces productive ultimatel…
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…
The employment relations commission is created within the department of labor. The commission consists of 3 commissioners appointed by the governor, with the advice and consent of the senate. A commissioner shall be a citizen of the United States and a resident of the state, and shall have been a qualified elector in t…
Commissioners shall qualify by taking and subscribing to the constitutional oath of office, and shall hold office until the appointment and qualification of their successors. Vacancies shall be filled in the same manner as is provided for appointment in the first instance for the remainder of the unexpired term. The go…
A commissioner shall receive such compensation as is appropriated by the legislature. Commissioners and employees of the commission shall be entitled to actual and necessary traveling and other expenses incurred in the performance of duties under this act. The compensation and expenses of commissioners and employees of…
The principal office of the commission shall be in the city of Lansing. The department of management and budget shall provide suitable office space for the use of the commission. The commission shall promulgate rules as may be necessary to carry out this act. The rules shall be promulgated pursuant to Act No. 306 of th…
(1) The business which the commission may perform shall be conducted at a public meeting of the commission held in compliance with Act No. 267 of the Public Acts of 1976, being sections 15.261 to 15.275 of the Michigan Compiled Laws. Public notice of the time, date, and place of the meeting shall be given in the manner…
Employees may do any of the following: (a) 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…
A strike or lockout shall not take place or be put into effect until and unless each of the steps are taken and the requirements complied with as follows: (a) If the parties thereto are unable to settle any labor dispute, the employees or their representatives, in the case of impending strike, or the employer or his ag…
If it becomes apparent to the commission that there is no reasonable probability of settlement of a labor dispute by mediation and that further efforts to that end would be without avail, there shall be held in the case of an impending strike, an election upon such issue which election shall be conducted and supervised…
(1) Any labor dispute, other than a representation question, may lawfully be submitted to voluntary arbitration in the manner provided in this section. However, arbitration of labor disputes without complying with this section shall be valid as it has heretofore been under the common law. (2) (a) When a labor dispute i…
The commission, after consultation with the parties, shall determine such a bargaining unit as will best secure to the employees their right of collective bargaining. The unit shall be either the employees of 1 employer employed in 1 plant or business enterprise within this state, not holding executive or supervisory p…
It shall be unlawful (1) for any person or persons to hinder or prevent by masspicketing, unlawful threats or force the pursuit of any lawful work or employment, (2) to obstruct or interfere with entrance to or egress from any place of employment, (3) to obstruct or interfere with free and uninterrupted use of public r…
When a vote is held pursuant to this act on the question of calling a strike, the commission, if so requested by the employer or by the collective bargaining unit to be affected by the strike, shall cause to be either printed on the ballot or affixed thereto a copy or statement of the most recent offer submitted by the…
(1) After the commission receives the above notice, or upon its own motion, in an existing, imminent or threatened labor dispute, the commission may end, upon the direction of the governor, the commission shall take such steps as it may deem expedient to effect a voluntary, amicable, and expeditious adjustment and sett…
(1) Subject to Act No. 267 of the Public Acts of 1976, the commission and each commissioner and each person designated by the commission may hold public or private hearings within the state, subpoena witnesses and compel their attendance, administer oaths, take testimony, and receive evidence. A subpoena may be issued…
A commissioner having any financial interest in or having membership in or affiliation with any labor organization in a trade, business, or occupation in which a labor dispute exists or is threatened and of which the commission has taken cognizance, shall not be qualified to participate in any way in the acts or effort…
(1) An employer and a labor organization may enter into a collective bargaining agreement that requires all employees in the bargaining unit to share fairly in the financial support of the labor organization. This act does not, and a law or policy of a local government must not, prohibit or limit an agreement that requ…
It shall be unlawful for any person to enter or take part in entering upon, or take possession or control of, any property, or to withhold possession of property, against the will of the owner thereof, or other person in the rightful possession or use thereof, or to interfere with the free use thereof, whether the same…
It shall be unlawful for an employer or any officer or agent of an employer (1) to interfere with, restrain or coerce employees in the exercise of their rights guaranteed in section 8; (2) to initiate, create, dominate, contribute to, or interfere with the formation or administration of, any labor organization: Provide…
A 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 joining a labor organization or otherwise affi…
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 for…
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.
The expense of carrying out the provisions of this act shall be paid from appropriations made therefor by the legislature.
(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…