Bill Text: MI HB4054 | 2011-2012 | 96th Legislature | Engrossed
Bill Title: Local government; other; right-to-work zone; permit. Amends sec. 14 of 1939 PA 176 (MCL 423.14) & adds sec. 14a.
Spectrum: Partisan Bill (Republican 7-0)
Status: (Introduced - Dead) 2012-12-06 - Notice Of Intent To Reconsider Given [HB4054 Detail]
Download: Michigan-2011-HB4054-Engrossed.html
HB-4054, As Passed House, December 6, 2012
SUBSTITUTE FOR
HOUSE BILL NO. 4054
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; and to
prescribe means of enforcement and penalties for violations of this
act,"
by amending the title and sections 1, 2, 8, 14, 17, and 22 (MCL
423.1, 423.2, 423.8, 423.14, 423.17, and 423.22).
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
TITLE
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.
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
the prevention or prompt settlement of 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 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" shall 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 shall not be is not
limited to the employees of a particular employer, unless the act
explicitly
provides otherwise, and shall include includes any
individual whose work has ceased as a consequence of, or in
connection with, any current labor dispute or because of any act
which
that is illegal hereunder, under this act, and who has not
obtained any other regular and substantially equivalent employment,
but
shall 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, as amended, 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 shall does not include the United
States
or any corporation wholly owned by the United States; ,
or
any
federal reserve bank; , or any
employer subject to the railway
labor
act, as amended, or 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 which 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. It shall be lawful for employes, to organize Employees
may do any of the following:
(a)
Organize together or to form,
join, or assist in labor
organization; ,
to engage in lawful concerted
activities for the
purpose of collective negotiation or bargaining or other mutual aid
and
protection; , or to
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. Nothing in this act shall be construed to 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 his employes and recognized by him, by consent,
as
the representative of a majority of his employes; nor shall
anything
in this act be construed to interfere with the right of
the
employer to make an all-union agreement with more than 1 labor
organization
established among his employes if such organizations
are
recognized by him, by consent, as the representatives of a
majority
of his employes.
(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.
Sec.
17. (1) It shall be unlawful (1) for any employee An
employee or other person shall not by force, intimidation, or
unlawful
threats to force, compel or attempt to force compel any
person
to become or remain a member of a labor organization, or (2)
for
an employee or other person by force or unlawful threats to
force
or attempt to force any person to refrain from engaging in
employment.
Violation of this section shall be a misdemeanor and
punishable
as such.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.
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 which that is unlawful under this section.
(3)
Any individual or 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 shall does not be deemed to
preclude appropriate equitable relief.
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.
