August 18, 2015, Introduced by Reps. Chirkun, Moss, Hoadley, Derek Miller, Wittenberg, Liberati, Lane, Dillon, Singh, Pagan, Byrd, Geiss, Plawecki, Greig, Cochran, Darany, Clemente, Dianda, Faris, Yanez, Gay-Dagnogo, Durhal, Guerra, Sarah Roberts, Chang, Robinson, Brunner, Talabi, Garrett, Driskell, Townsend, LaVoy, Hovey-Wright, Brinks, Santana, Smiley, Schor, Kosowski, Phelps, Neeley, Banks, Irwin, Zemke and Greimel and referred to the Committee on Commerce and Trade.
A bill to amend 1939 PA 176, entitled
"An act to create a commission relative to labor disputes, and to
prescribe its powers and duties; to provide for the mediation and
arbitration of labor disputes, and the holding of elections
thereon; to regulate the conduct of parties to labor disputes and
to require the parties to follow certain procedures; to regulate
and limit the right to strike and picket; to protect the rights and
privileges of employees, including the right to organize and engage
in lawful concerted activities; to protect the rights and
privileges of employers; to make certain acts unlawful; to make
appropriations; and to prescribe means of enforcement and penalties
for violations of this act,"
by amending sections 1, 2, 8, 14, 17, and 22 (MCL 423.1, 423.2,
423.8, 423.14, 423.17, and 423.22), as amended by 2012 PA 348.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1. It is hereby declared as the public policy of this
state that the best interests of the people of the state are served
by
protecting their right to work in a manner consistent with
section
14(b) of the national labor relations act, 29 USC 164(b),
and
preventing or promptly settling the
prevention or prompt
settlement of labor disputes; that strikes and lockouts and other
forms of industrial strife, regardless of where the merits of the
controversy lie, are forces productive ultimately of economic
waste; that the interests and rights of the consumers and the
people of the state, while not direct parties thereto, should
always be considered, respected and protected; and that the
voluntary mediation of such disputes under the guidance and
supervision of a governmental agency will tend to promote permanent
industrial peace and the health, welfare, comfort and safety of the
people of the state.
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, or 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; or 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.
Sec.
8. Employees may do any of the following:
(a)
Organize 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 of their own free choice.
(b)
Refrain from any or all of the activities identified in
subdivision
(a).
Sec.
14. (1) An individual shall not be required as a
condition
of obtaining or continuing employment to do any of the
following:
(a)
Refrain or resign from membership in, voluntary
affiliation
with, or voluntary financial support of a labor
organization.
(b)
Become or remain a member of a labor organization.
(c)
Pay any dues, fees, assessments, or other charges or
expenses
of any kind or amount or provide anything of value to a
labor
organization.
(d)
Pay to any charitable organization or third party an
amount
that is in lieu of, equivalent to, or any portion of dues,
fees,
assessments, or other charges or expenses required of members
of
or employees represented by a labor organization.
(2)
An agreement, contract, understanding, or practice between
or
involving an employer and a labor organization that violates
subsection
(1) is unlawful and unenforceable. This subsection
applies
only to an agreement, contract, understanding, or practice
that
takes effect or is extended or renewed after the effective
date
of the 2012 amendatory act that amended this section.
(3)
Subsections (1) and (2) shall be implemented to the
maximum
extent permitted by the United States constitution and
federal
law.
(4)
The court of appeals has exclusive original jurisdiction
over
any action challenging the validity of subsection (1), (2), or
(3).
The court of appeals shall hear the action in an expedited
manner.
(5)
A person, employer, or labor organization that violates
subsection
(1) is liable for a civil fine of not more than $500.00.
A
civil fine recovered under this section shall be submitted to the
state
treasurer for deposit in the general fund of this state.
(6)
Except for actions required to be brought under subsection
(4),
a person who suffers an injury as a result of a violation or
threatened
violation of subsection (1) may bring a civil action for
damages,
injunctive relief, or both. In addition, a court shall
award
court costs and reasonable attorney fees to a plaintiff who
prevails
in an action brought under this subsection. Remedies
provided
for in this subsection are independent of and in addition
to
other penalties and remedies prescribed by this act.
(7)
For fiscal year 2012-2013, $1,000,000.00 is appropriated
to
the department of licensing and regulatory affairs to be
expended
to do all of the following regarding the amendatory act
that
added this subsection:
(a)
Respond to public inquiries regarding the amendatory act.
(b)
Provide the commission with sufficient staff and other
resources
to implement the amendatory act.
(c)
Inform employers, employees, and labor organizations
concerning
their rights and responsibilities under the amendatory
act.
(d)
Any other purposes that the director of the department of
licensing
and regulatory affairs determines in his or her
discretion
are necessary to implement the amendatory act.Nothing in
this act shall be construed to do either of the following:
(a) Interfere with the right of an employer to enter into an
all-union agreement with 1 labor organization if it is the only
organization established among the employer's employees and
recognized by the employer, by consent, as the representative of a
majority of the employer's employees.
(b) Interfere with the right of the employer to make an all-
union agreement with more than 1 labor organization established
among the employer's employees if the labor organizations are
recognized by the employer, by consent, as the representatives of a
majority of the employer's employees.
Sec. 17. (1) An employee or other 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 engaging in employment or refrain from
joining
a labor organization or otherwise affiliating with or
financially
supporting a labor organization.
(c)
Pay to any charitable organization or third party an
amount
that is in lieu of, equivalent to, or any portion of dues,
fees,
assessments, or other charges or expenses required of members
of
or employees represented by a labor organization.
(2)
A person who violates this section is liable for a civil
fine
of not more than $500.00. A civil fine recovered under this
section
shall be submitted to the state treasurer for deposit in
the
general fund of this state.
(a) Become or remain a member of a labor organization.
(b) Refrain from engaging in employment.
(2) Violation of this section is a misdemeanor.
Sec.
22. (1) It shall be unlawful for an An employer to shall
not
engage in a lockout or for and a
labor organization to shall
not engage in or instigate a strike without first having served
notice as required in section 9.
(2)
It shall be unlawful for any An individual to shall not
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.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.