Bill Text: MI HB6348 | 2009-2010 | 95th Legislature | Introduced

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Bill Title: Labor; collective bargaining; right-to-work state; create. Creates new act. TIE BAR WITH: HB 6349'10

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2010-07-28 - Printed Bill Filed 07/22/2010 [HB6348 Detail]

Download: Michigan-2009-HB6348-Introduced.html

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HOUSE BILL No. 6348

 

July 21, 2010, Introduced by Rep. Meltzer and referred to the Committee on Labor.

 

     A bill to prohibit employers from placing certain conditions

 

on employment; to grant rights to employees; to impose duties and

 

responsibilities on certain state and local officers; to make

 

certain agreements unlawful; and to provide remedies and penalties.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 1. This act shall be known and may be cited as the

 

"right-to-work law".

 

     Sec. 3. As used in this act:

 

     (a) "Employer" means a person or entity that pays 1 or more

 

individuals under an express or implied contract of hire.

 

     (b) "Labor organization" means an organization of any kind,

 

agency or employee representation committee, group, association, or

 

plan in which employees participate and which exists for the

 

purpose, in whole or in part, of dealing with employers concerning

 

grievances, labor disputes, wages, rates of pay, hours, or other

 

terms or conditions of employment.

 

     Sec. 5. Except as provided in section 13, a person shall not

 

require an employee to do any of the following as a condition of

 

employment or continued employment:

 

     (a) Become or remain a member of a labor organization.

 

     (b) Pay dues, fees, assessments, or other similar charges to a

 

labor organization.

 

     (c) Pay to a charity or other third party an amount equivalent to

 

or pro rata portion of dues, fees, assessments, or other charges

 

required of members of a labor organization.

 

     Sec. 7. Except as provided in section 13, an agreement,

 

understanding, or practice between a labor organization and employer

 

that violates employee rights granted under this act is unlawful and

 

unenforceable.

 

     Sec. 9. A person who suffers an injury or a threatened injury

 

from a violation of this act may bring a civil action for damages,

 

injunctive relief, or both. The court may award a prevailing plaintiff

 

costs and reasonable attorney fees. The civil remedy is independent

 

of, and in addition to, any criminal proceeding or sanction prescribed

 

for a violation of this act.

 

     Sec. 11. A person who violates this act is guilty of a

 

misdemeanor. The prosecuting attorney of the county or the attorney

 

general shall investigate each complaint of a violation of this act

 

and shall prosecute the criminal case if credible evidence of a

 

violation exists.

 

     Sec. 13. This act does not apply to any of the following:

 

     (a) An employer or employee covered by the federal railway labor

 

act, 45 USC 151 to 188.

 

     (b) A federal employer or employee.

 

     (c) An employer or employee at an exclusively federal enclave.

 

     (d) An employment contract entered into before the effective date

 

of this act, except that this act applies to a contract renewal or

 

extension that takes effect after the effective date of this act.

 

     (e) A situation in which it would conflict with, or be

 

preempted by, federal law.

 

     Enacting section 1. This act does not take effect unless

 

Senate Bill No.____ or House Bill No. 6349(request no. 07205'10 a)

 

of the 95th Legislature is enacted into law.