HOUSE BILL No. 4643

 

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).

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     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).