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.