SB-0116, As Passed House, December 11, 2012

SUBSTITUTE FOR

SENATE BILL NO. 116

     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.