Bill Text: MI HB5409 | 2017-2018 | 99th Legislature | Introduced
Bill Title: Labor; fair employment practices; remedies for mass picketing; modify. Amends sec. 9f of 1939 PA 176 (MCL 423.9f).
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2018-01-16 - Bill Electronically Reproduced 01/11/2018 [HB5409 Detail]
Download: Michigan-2017-HB5409-Introduced.html
HOUSE BILL No. 5409
January 11, 2018, Introduced by Rep. Glenn and referred to the Committee on Michigan Competitiveness.
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 section 9f (MCL 423.9f).
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
9f. (1) It shall be unlawful (1) for any person or
persons
to hinder A person shall not
do any of the following:
(a)
Hinder or prevent by masspicketing, mass picketing,
unlawful threats, or force, the pursuit of any lawful work or
employment. ,
(2) to obstruct
(b) Obstruct or interfere with entrance to or egress from any
place
of employment , (3) to obstruct by mass picketing.
(c) Obstruct or interfere with free and uninterrupted use of
public roads, streets, highways, railways, airports, or other ways
of
travel or conveyance , or (4) to engage by mass picketing.
(d) Engage in picketing a private residence by any means or
methods
whatever. : Provided, That picketing, to the extent that
the
same is authorized under constitutional provisions, shall in no
manner
be prohibited. Violation of this section shall be a
misdemeanor
and punishable as such.
(2) Subsection (1) does not apply to picketing that is
authorized under the constitution of the United States or the state
constitution of 1963.
(3) An employer or other person that is the subject of an
activity prohibited under subsection (1) may bring an action to
enjoin the prohibited activity in the circuit court for the county
in which the affected person is located. A court having
jurisdiction of an action brought under this subsection shall grant
injunctive relief if the court finds that any person has engaged or
is engaging in any of the conduct prohibited under subsection (1),
without regard to the existence of other remedies, demonstration of
irreparable harm, or other factors. The court shall award court
costs and reasonable attorney fees to a plaintiff who prevails in
an action brought under this subsection.
(4) Failure to comply with an order of the court issued under
this section may be punished as contempt.
(5) A person who violates subsection (1) and has previously
been enjoined for a violation of subsection (1) is liable for a
civil fine of $1,000.00 for each day of the violation. If a union
or organization continues to sponsor or assist in the prohibited
activity in violation of an injunction, the union or organization
is liable for a civil fine of $10,000.00 for each day of the
violation. A civil fine assessed under this subsection must be paid
to the court, and upon a showing of damages to business sales,
business opportunities, or property, the employer, union,
organization, or other entity that was the subject of the activity
prohibited under subsection (1) must be compensated from the
payment made to the court.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.
