Bill Text: MI SB1006 | 2013-2014 | 97th Legislature | Introduced

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Bill Title: Labor; fair employment practices; local regulations that conflict with federal labor laws; prohibit. Creats new act.

Spectrum: Partisan Bill (Republican 4-0)

Status: (Introduced - Dead) 2014-07-16 - Referred To Committee On Reforms, Restructuring And Reinventing [SB1006 Detail]

Download: Michigan-2013-SB1006-Introduced.html

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SENATE BILL No. 1006

 

 

July 16, 2014, Introduced by Senators MOOLENAAR, MEEKHOF, COLBECK and BRANDENBURG and referred to the Committee on Reforms, Restructuring and Reinventing.

 

 

 

     A bill to prohibit local units of government from adopting

 

ordinances or regulations that infringe on federal labor laws; to

 

prohibit employers and labor organizations from waiving rights

 

under this act; and to provide remedies.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

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

 

and management rights protection act".

 

     Sec. 2. As used in this act:

 

     (a) "Employer" means a person, association, or legal or

 

commercial entity receiving services from an employee and, in

 

return, giving compensation of any kind to that employee.

 

     (b) "Federal labor laws" means the national labor relations

 

act, 29 USC 151 to 169; the labor management relations act of 1947,

 

29 USC 141 to 197; presidential executive orders relating to labor

 

and management or employee and employer issues; and the United

 

States constitution.

 

     (c) "Governmental body" means any local government or its

 

subdivision, including, but not limited to, a city, village,

 

township, or county; any public authority, agency, board,

 

commission or other governmental, quasi-governmental, or quasi-

 

public body; or any public body that acts or purports to act in a

 

commercial, business, economic development, or similar capacity for

 

a local government or its subdivision.

 

     Sec. 3. A governmental body shall not pass any law, ordinance,

 

or regulation, or impose any contractual, zoning, permitting,

 

licensing, or other condition, on an employer's or employee's full

 

freedom to act under the federal labor laws. Actions prohibited

 

under this section include, but are not limited to, the following:

 

     (a) Conditioning any purchase, sale, lease, or other business

 

or commercial transaction between any employers on waiver or

 

limitation of any right those employers may have under federal

 

labor laws.

 

     (b) Conditioning a regulatory, zoning, permitting, licensing,

 

or other governmental requirement of an employer on the waiver or

 

limitation of any right the employer may have under federal labor

 

laws.

 

     (c) Enacting an ordinance, regulation, or other action that

 

waives or limits any right an employer has under federal labor

 

laws.

 

     (d) Conditioning or regulating an employer's dealings with

 

another employer based upon waiver or limitation of any right

 

either employer may have under the federal labor laws.

 

     Sec. 4. The rights protected under the federal labor laws

 

include, but are not limited to, the following:

 

     (a) An employer's or employee's right to express views on

 

unionization and any other labor relations issues to the full

 

extent allowed by amendment I of the constitution of the United

 

States and section 8(c) of the national labor relations act, 29 USC

 

158(c).

 

     (b) An employer's right to demand, and an employee's right to

 

participate in, a secret ballot election under federal labor laws,

 

including, without limitation, the procedural protections afforded

 

by federal labor laws for defining the unit, conducting the

 

election campaign and election, and making any challenges or

 

objections permitted under federal labor laws.

 

     (c) An employer's right to not release employee information to

 

the maximum extent allowed by federal labor laws.

 

     (d) An employee's right to maintain the confidentiality of his

 

or her employee information to the maximum extent allowed by

 

federal labor laws.

 

     (e) An employer's right to restrict access to its property or

 

business to the maximum extent allowed by federal labor laws.

 

     Sec. 5. (1) Any agreement, contract, understanding, or

 

practice, whether written or oral or whether implied or express,

 

between an employer and a labor organization to waive any right

 

under this act is contrary to law, null and void, and of no legal

 

effect.

 

     (2) An employer or employee may obtain injunctive relief to

 

enforce compliance with this act.