HB-4643, As Passed House, December 7, 2016


















May 26, 2015, Introduced by Reps. Glenn, Price, McCready and Graves and referred to the Committee on Commerce and Trade.


     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).




     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 obstructby 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 engageby 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 subject to 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 subject to a civil fine of $10,000.00 for each day of the


violation. The civil fine assessed under this subsection shall 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) shall be compensated from the


payment made to the court.


     (6) An employer that is the subject of picketing may obtain


injunctive relief against the picketers without a showing of


irreparable harm if the court finds the picketing violates


subsection (1).