PUBLIC EMPLOYMENT RELATIONS

Act 336 of 1947

AN ACT to prohibit strikes by certain public employees; to provide review from disciplinary action with respect thereto; to provide for the mediation of grievances and the holding of elections; to declare and protect the rights and privileges of public employees; to require certain provisions in collective bargaining agreements; to prescribe means of enforcement and penalties for the violation of the provisions of this act; and to make appropriations.


History: 1947, Act 336, Eff. Oct. 11, 1947 ;-- Am. 1965, Act 379, Imd. Eff. July 23, 1965 ;-- Am. 2011, Act 9, Imd. Eff. Mar. 16, 2011 ;-- Am. 2012, Act 53, Imd. Eff. Mar. 16, 2012
Popular Name: Public Employment Relations




The People of the State of Michigan enact:


423.201 Definitions; rights of public employees.

Sec. 1.

    (1) As used in this act:
    (a) "Bargaining representative" means a labor organization recognized by an employer or certified by the commission as the sole and exclusive bargaining representative of certain employees of the employer.
    (b) "Commission" means the employment relations commission created in section 3 of 1939 PA 176, MCL 423.3.
    (c) "Intermediate school district" means that term as defined in section 4 of the revised school code, 1976 PA 451, MCL 380.4.
    (d) "Lockout" means the temporary withholding of work from a group of employees by shutting down the operation of the employer to bring pressure upon the affected employees or the bargaining representative, or both, to accept the employer's terms of settlement of a labor dispute.
    (e) "Public employee" means, except as otherwise provided in subdivisions (f) and (g), an individual holding a position by appointment or employment in the government of this state, in the government of 1 or more of the political subdivisions of this state, in the public school service, in a public or special district, in the service of an authority, commission, or board, or in any other branch of the public service. Public employee includes an individual serving as a graduate student research assistant or in an equivalent position.
    (f) An individual employed by a private organization or entity who provides services under a time-limited contract with this state or a political subdivision of this state or who receives a direct or indirect government subsidy in the individual's private employment is not an employee of this state or that political subdivision, and is not a public employee. This provision supersedes any interlocal agreement, memorandum of understanding, memorandum of commitment, or other document similar to these.
    (g) A student participating in intercollegiate athletics on behalf of a public university in this state is not a public employee entitled to representation or collective bargaining rights under this act.
    (h) "Public school academy" means a public school academy or strict discipline academy organized under the revised school code, 1976 PA 451, MCL 380.1 to 380.1852.
    (i) "Public school employer" means a public employer that is any of the following:
    (i) The board of a school district, an intermediate school district, or a public school academy.
    (ii) The governing board of a joint endeavor or consortium consisting of any combination of school districts, intermediate school districts, or public school academies.
    (j) "School district" means that term as defined in section 6 of the revised school code, 1976 PA 451, MCL 380.6, or a local act school district as defined in section 5 of the revised school code, 1976 PA 451, MCL 380.5.
    (k) "Strike" means the concerted failure to report for duty, the willful absence from one's position, the stoppage of work, or the abstinence in whole or in part from the full, faithful, and proper performance of the duties of employment for the purpose of inducing, influencing, or coercing a change in employment conditions, compensation, or the rights, privileges, or obligations of employment. For employees of a public school employer, strike also includes an action described in this subdivision that is taken for the purpose of protesting or responding to an act alleged or determined to be an unfair labor practice committed by the public school employer.
    (2) This act does not limit, impair, or affect the right of a public employee to the expression or communication of a view, grievance, complaint, or opinion on any matter related to the conditions or compensation of public employment or their betterment as long as the expression or communication does not interfere with the full, faithful, and proper performance of the duties of employment.
    


History: 1947, Act 336, Eff. Oct. 11, 1947 ;-- CL 1948, 423.201 ;-- Am. 1965, Act 379, Imd. Eff. July 23, 1965 ;-- Am. 1973, Act 25, Imd. Eff. June 14, 1973 ;-- Am. 1976, Act 18, Imd. Eff. Feb. 20, 1976 ;-- Am. 1994, Act 112, Eff. Mar. 30, 1995 ;-- Am. 1996, Act 543, Eff. Mar. 31, 1997 ;-- Am. 1999, Act 204, Eff. Mar. 10, 2000 ;-- Am. 2012, Act 45, Imd. Eff. Mar. 13, 2012 ;-- Am. 2012, Act 76, Imd. Eff. Apr. 10, 2012 ;-- Am. 2012, Act 349, Eff. Mar. 28, 2013 ;-- Am. 2014, Act 414, Imd. Eff. Dec. 30, 2014 ;-- Am. 2023, Act 237, Eff. Feb. 13, 2024
Constitutionality: The Michigan supreme court held in In The Matter Of The Petition For A Representation Election Among Supreme Court Staff Employees, 406 Mich 647; 281 NW2d 299 (1979), that Const 1963, art III, § 2, considered with Const 1963, art IV, § 48, precludes the Michigan employment relations commission from taking jurisdiction over the Michigan supreme court.
Compiler's Notes: Enacting section 1 of Act 349 of 2012 provides:"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."Enacting section 1 of Act 414 of 2014 provides:"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 inoperable shall be severable from the remaining portions of this act."
Popular Name: Public Employment Relations





423.201a Provisions subject to certain acts.

Sec. 1a.

    The provisions of this act are subject to all of the following:
    (a) The municipal partnership act.
    (b) 1967 (Ex Sess) PA 8, MCL 124.531 to 124.536.
    (c) The urban cooperation act of 1967, 1967 (Ex Sess) PA 7, MCL 124.501 to 124.512.
    (d) 1988 PA 57, MCL 124.601 to 124.614.


History: Add. 2011, Act 259, Imd. Eff. Dec. 14, 2011
Popular Name: Public Employment Relations





423.202 Strike by public employee; lockout by public school employer.

Sec. 2.

     A public employee shall not strike and a public school employer shall not institute a lockout. A public school employer does not violate this section if there is a total or partial cessation of the public school employer's operations in response to a strike held in violation of this section.


History: 1947, Act 336, Eff. Oct. 11, 1947 ;-- CL 1948, 423.202 ;-- Am. 1994, Act 112, Eff. Mar. 30, 1995
Popular Name: Public Employment Relations





423.202a Allegation of strike by public school employees or lockout by public school employer; notice to commission; hearing; notification of name and home address of each public school employee participating in strike; serving or mailing notice; presumption; challenge; filing of affidavit and supporting proof by employee; hearing to determine if employee engaged in strike; determination; order; deduction from annual salary; determination that public school employer instituted lockout; fines; deduction and disposition of fines; collection proceedings; fines additional to other penalties; injunction; duties of court; reimbursement prohibited; “public school employee” defined.

Sec. 2a.

    (1) Upon belief that conditions constituting a strike by 1 or more public employees in violation of section 2 exist, the public school employer or the superintendent of public instruction, after consultation with the public school employer, shall notify the commission of the full or partial days that the alleged strike has occurred and the name and address of the bargaining representative. The notice shall be accompanied by a sworn affidavit, supported by any available documentary proof, containing a clear and concise statement of the facts upon which the public school employer or the superintendent of public instruction relies to establish a violation of section 2. The public school employer or the superintendent of public instruction shall concurrently serve the bargaining representative with a copy of the notice. If the public school employer or the superintendent of public instruction has not notified the commission of an allegation of a strike under this subsection, a parent or legal guardian of a child who is enrolled in the school district may notify the commission of the full or partial days that 1 or more public school employees were engaged in an alleged strike.
    (2) If a bargaining representative alleges that there is a lockout by a public school employer in violation of section 2, the bargaining representative shall notify the commission of the full or partial days of the alleged lockout.
    (3) Within 15 days after receipt of a notice under subsection (1) or (2), the commission shall conduct a hearing to determine if conditions constituting a strike by 1 or more public school employees in violation of section 2 or a lockout exist. The person giving notice under subsection (1) or (2) bears the burden of proof at the hearing on the allegations. The commission shall issue its decision within 3 business days after the close of the hearing. A hearing conducted under this subsection is separate and distinct from, and is not subject to the procedures and timelines of, a proceeding conducted under section 6.
    (4) If the commission determines that conditions constituting a strike in violation of section 2 exist, the superintendent of public instruction or the public school employer shall, within 5 business days after notification of the decision, notify the commission of the name and home address of each public school employee alleged to have participated in the strike. The superintendent of public instruction or the public school employer shall, within the same period, serve with or mail to each named public school employee a copy of the notice.
    (5) A public school employee named in the notice under subsection (4) and alleged to have been either absent from work without permission of the public school employer or to have abstained wholly or in part from the full performance of his or her normal duties without permission on a date when a strike occurred is presumed to have engaged in the strike on that date.
    (6) A public school employee presumed to have engaged in a strike in violation of section 2 may challenge that presumption within 10 days after the date the notice was served or mailed to the employee under subsection (4), by filing with the commission and causing to be served on the superintendent of public instruction or the public school employer, a sworn affidavit, supported by available documentary proof, containing a clear and concise statement of the facts upon which he or she relies to show that the determination was incorrect.
    (7) The public school employer shall deduct from the annual salary of a public school employee named in a notice under subsection (4) who fails to file an affidavit and supporting proof under subsection (6) an amount equal to 1 day of pay for that public school employee for each full or partial day that he or she engaged in the strike. The public school employee's annual salary is the annual salary that is established in the applicable contract in effect at the time of the strike or, if no applicable contract is in effect at the time of the strike, in the applicable contract in effect at the time of the deduction. However, if no applicable contract is in effect at either of those times, the public school employee's annual salary shall be considered to be the annual salary that applied or would have applied to the public school employee in the most recent applicable contract in effect before the strike. A public school employer shall comply promptly with this subsection. A deduction under this subsection is not a demotion for purposes of 1937 (Ex Sess) PA 4, MCL 38.71 to 38.191.
    (8) If a public school employee named in a notice under subsection (4) files a timely affidavit and supporting proof, a commissioner, the commission, or an agent of the commission shall, within 15 days after receipt of the affidavit and supporting proof, commence a hearing to determine whether the public school employee engaged in a strike in violation of section 2. The public school employee bears the burden of proof at the hearing. A hearing conducted under this subsection is separate and distinct from, and is not subject to the procedures and timelines of, a proceeding under section 6.
    (9) After a hearing under subsection (8), if a commissioner, the commission, or an agent of the commission determines by the preponderance of the evidence that the public school employee engaged in a strike in violation of section 2, the individual or commission shall state its findings of fact and shall issue and cause to be served on the public school employee an order requiring the employee to cease and desist from the unlawful conduct and the public school employer to deduct from the annual salary, as described in subsection (7), of the public school employee an amount equal to 1 day of pay for that public school employee for each full or partial day that he or she engaged in the strike. If the evidence is presented before a commissioner or agent of the commission, the commissioner or agent shall issue and cause to be served on the parties to the proceeding a proposed decision, together with a recommended order, which shall be filed with the commission. If a party does not file an exception within 20 days after service of the proposed decision, the recommended order becomes the order of the commission and is effective as stated in the order.
    (10) If, after a hearing under subsection (3), a majority of the commission finds that a public school employer instituted a lockout in violation of section 2, the commission shall fine the public school employer $5,000.00 for each full or partial day of the lockout and shall fine each member of the public school employer's governing board $250.00 for each full or partial day of the lockout. The fine shall be paid to the commission and transmitted as provided in subsection (11).
    (11) If a public school employer does not deduct money from a public school employee's pay pursuant to an order under this section or if the commission does not receive payment of a fine it imposed under this section within 30 days, the superintendent of public instruction shall institute collection proceedings and the money received shall be transmitted to the state treasurer for deposit in the state school aid fund established under section 11 of article IX of the state constitution of 1963.
    (12) Deductions imposed under this section are in addition to any loss of pay attributable to the full or partial day that the public school employee was absent from work as a result of the strike under section 2 and any other penalty prescribed by this act and by other law.
    (13) Fines imposed under this section are in addition to all other penalties prescribed by this act and by law.
    (14) A public school employer, the superintendent of public instruction, or the attorney general may bring an action to enjoin a strike by public school employees in violation of section 2, and a bargaining representative may bring an action to enjoin a lockout by a public school employer in violation of section 2, in the circuit court for the county in which the affected public school is located. If the commission has made a determination after a hearing under subsection (3) that a strike or lockout exists, that finding shall not be overturned except by clear and convincing evidence. If the court having jurisdiction of an action brought under this subsection finds that conditions constituting a strike or lockout in violation of section 2 exist and unless clear and convincing evidence has shown that the sanction would not be equitable or the sanction would duplicate a sanction imposed by the commission for the same activity under subsection (9) or (10), the court shall do all of the following:
    (a) For a strike in violation of section 2, order each public school employee to pay a fine in an amount equal to 1 day of pay for that public school employee for each full or partial day the public school employee engaged in the strike. For a lockout in violation of section 2, order the public school employer to pay a fine of $5,000.00 for each full or partial day of the lockout and order each member of the public school employer's governing board to pay a fine of $250.00 for each full or partial day of the lockout. A fine imposed under this subsection shall be transmitted to the state treasurer for deposit into the state school aid fund established under section 11 of article IX of the state constitution of 1963.
    (b) Order the public school employees or public school employer acting in violation of section 2 to end the strike or lockout.
    (c) Award costs and attorney fees to a plaintiff who prevails in an action under this subsection.
    (d) Grant additional equitable relief that the court finds appropriate.
    (15) An order issued under subsection (14) is enforceable through the court's contempt power.
    (16) A public school employer shall not provide to a public school employee or to a board member any compensation or additional work assignment that is intended to reimburse the public school employee or board member for a monetary penalty imposed under this section or that is intended to allow the public school employee or board member to recover a monetary penalty imposed under this section.
    (17) As used in this section, "public school employee" means a person employed by a public school employer.


History: Add. 1994, Act 112, Eff. Mar. 30, 1995 ;-- Am. 2016, Act 194, Eff. Sept. 19, 2016
Constitutionality: That portion of MCL 423.202a(4) imposing automatic mandatory fines on bargaining representatives for strikes by their membership was struck down by the Wayne County Circuit Court in Michigan State AFL-CIO, et al v Michigan Employment Relations Commission (Docket Nos. 94-420652-CL & 94-423581-CL) on March 2, 1995. The Court found that this proviso violated due process under U.S. Const. Am XIV or Const. 1963, art 1, § 17. The Court also struck down that portion of MCL 423.202a(10) which required circuit courts, upon application by a party, to issue injunctions against strikes or lockouts without considering traditional equity factors. The Court concluded that this provision violated the separation of powers under Const 1963, art 3, § 2. No appeal was taken from these findings. Michigan State AFL-CIO v. MERC, 212 Mich. App. 472, 478. (1995)
Popular Name: Public Employment Relations





423.203 Public employees; persons in authority approving or consenting to strike prohibited; participating in submittal of grievance.

Sec. 3.

     No person exercising any authority, supervision or direction over any public employee shall have the power to authorize, approve or consent to a strike by public employees, and such person shall not authorize, approve or consent to such strike, nor shall any such person discharge or cause any public employee to be discharged or separated from his or her employment because of participation in the submission of a grievance in accordance with the provisions of section 7.


History: 1947, Act 336, Eff. Oct. 11, 1947 ;-- CL 1948, 423.203 ;-- Am. 1965, Act 379, Imd. Eff. July 23, 1965
Popular Name: Public Employment Relations





423.204 Repealed. 1965, Act 379, Imd. Eff. July 23, 1965.


Compiler's Notes: The repealed section declared that a public employee who violated the act abandoned and terminated his employment.
Popular Name: Public Employment Relations





423.204a Application of act to state civil service employees.

Sec. 4a.

     The provisions of this act as to state employees within the jurisdiction of the civil service commission shall be deemed to apply in so far as the power exists in the legislature to control employment by the state or the emoluments thereof.


History: 1947, Act 336, Eff. Oct. 11, 1947 ;-- CL 1948, 423.204a
Popular Name: Public Employment Relations





423.205 Repealed. 1965, Act 379, Imd. Eff. July 23, 1965.


Compiler's Notes: The repealed section pertained to conditions upon which a public employee who had violated the act could be reemployed.
Popular Name: Public Employment Relations





423.206 Public employee; conduct considered to be on strike; proceeding to determine violation of act; time; decision; review; applicability of subsection (2) to penalty imposed under MCL 423.202a.

Sec. 6.

    (1) Notwithstanding the provisions of any other law, a public employee who, by concerted action with others and without the lawful approval of his or her superior, willfully absents himself or herself from his or her position, or abstains in whole or in part from the full, faithful and proper performance of his or her duties for the purpose of inducing, influencing or coercing a change in employment conditions, compensation, or the rights, privileges, or obligations of employment, or a public employee employed by a public school employer who engages in an action described in this subsection for the purpose of protesting or responding to an act alleged or determined to be an unfair labor practice committed by the public school employer, shall be considered to be on strike.
    (2) Before a public employer may discipline or discharge a public employee for engaging in a strike, the public employee, upon request, is entitled to a determination under this section as to whether he or she violated this act. The request shall be filed in writing, with the officer or body having power to remove or discipline the employee, within 10 days after regular compensation of the employee has ceased or other discipline has been imposed. If a request is filed, the officer or body, within 5 days after receipt of the request, shall commence a proceeding for the determination of whether the public employee has violated this act. The proceedings shall be held in accordance with the law and regulations appropriate to a proceeding to remove the public employee and shall be held without unnecessary delay. The decision of the officer or body shall be made within 2 days after the conclusion of the proceeding. If the employee involved is found to have violated this act and his or her employment is terminated or other discipline is imposed, the employee has the right of review to the circuit court having jurisdiction of the parties, within 30 days from the date of the decision, for a determination as to whether the decision is supported by competent, material, and substantial evidence on the whole record. A public employer may consolidate employee hearings under this subsection unless the employee demonstrates manifest injustice from the consolidation. This subsection does not apply to a penalty imposed under section 2a.


History: 1947, Act 336, Eff. Oct. 11, 1947 ;-- CL 1948, 423.206 ;-- Am. 1965, Act 379, Imd. Eff. July 23, 1965 ;-- Am. 1994, Act 112, Eff. Mar. 30, 1995 ;-- Am. 2016, Act 194, Eff. Sept. 19, 2016
Popular Name: Public Employment Relations





423.207 Request for mediation of grievances; powers of commission; notice of status of negotiations; appointment of mediator.

Sec. 7.

    (1) Upon the request of the collective bargaining representative defined in section 11 or, if a representative has not been designated or selected, upon the request of a majority of any given group of public employees evidenced by a petition signed by the majority and delivered to the commission, or upon request of any public employer of the employees, the commission forthwith shall mediate the grievances set forth in the petition or notice, and for the purposes of mediating the grievances, the commission shall exercise the powers and authority conferred upon the commission by sections 10 and 11 of Act No. 176 of the Public Acts of 1939, as amended, being sections 423.10 and 423.11 of the Michigan Compiled Laws.
    (2) At least 60 days before the expiration date of a collective bargaining agreement, the parties shall notify the commission of the status of negotiations. If the dispute remains unresolved 30 days after the notification on the status of negotiations and a request for mediation is not received, the commission shall appoint a mediator.


History: 1947, Act 336, Eff. Oct. 11, 1947 ;-- CL 1948, 423.207 ;-- Am. 1965, Act 379, Imd. Eff. July 23, 1965 ;-- Am. 1973, Act 25, Imd. Eff. June 14, 1973 ;-- Am. 1976, Act 18, Imd. Eff. Feb. 20, 1976
Popular Name: Public Employment Relations





423.207a Additional mediation.

Sec. 7a.

    (1) In addition to mediation conducted under section 7, if a public school employer and a bargaining representative of a bargaining unit of its employees mutually agree that an impasse has been reached in collective bargaining between them, the parties may agree to participate in additional mediation under this section.
    (2) If parties described in subsection (1) agree to participate in mediation under this section, then not later than 30 days after the date of impasse, each of the parties shall appoint 1 individual to represent the party in the mediation, and those 2 representatives shall select through a mutually agreed process a neutral third party to act as the mediator. The mediator and the 2 representatives shall meet to attempt to agree to a recommended settlement of the impasse.
    (3) Not later than 30 days after appointment of a mediator under subsection (2), if the representatives of the parties mutually agree on a recommended settlement of the impasse, the representatives each shall present the recommended settlement to the party he or she represents for approval.
    (4) If 1 or both of the parties fail to ratify a recommended settlement described in subsection (3) within the 30-day time limit specified in subsection (3), the public school employer may implement unilaterally its last offer of settlement made before the impasse occurred. This section does not limit or otherwise affect a public school employer's ability to unilaterally implement all or part of its bargaining position as otherwise provided by law.
    (5) Both parties shall share equally any expenses of mediation conducted under this section.


History: Add. 1994, Act 112, Eff. Mar. 30, 1995
Popular Name: Public Employment Relations





423.208 Repealed. 1965, Act 379, Imd. Eff. July 23, 1965.


Compiler's Notes: The repealed section provided penalties for inciting public employees to strike.
Popular Name: Public Employment Relations





423.209 Public employees; rights; labor organization.

Sec. 9.

    Public employees may organize together or form, join, or assist in labor organizations; engage in lawful concerted activities for the purpose of collective negotiation or bargaining or other mutual aid and protection; or negotiate or bargain collectively with their public employers through representatives of their own free choice.
    
    


History: Add. 1965, Act 379, Imd. Eff. July 23, 1965 ;-- Am. 2012, Act 349, Eff. Mar. 28, 2013 ;-- Am. 2014, Act 414, Imd. Eff. Dec. 30, 2014 ;-- Am. 2023, Act 9, Eff. Feb. 13, 2024
Compiler's Notes: Enacting section 1 of Act 349 of 2012 provides:"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."Enacting section 1 of Act 414 of 2014 provides:"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 inoperable shall be severable from the remaining portions of this act."
Popular Name: Public Employment Relations





423.210 Prohibited conduct by public employer or officer or agent; prohibited conduct by labor organization; verification by independent examiner; declaration identifying local bargaining units; sharing of financial support of bargaining representative; effectiveness; appropriation.

Sec. 10.

    (1) A public employer or an officer or agent of a public employer shall not do any of the following:
    (a) Interfere with, restrain, or coerce public employees in the exercise of their rights guaranteed in section 9.
    (b) Initiate, create, dominate, contribute to, or interfere with the formation or administration of a labor organization. A public employer may allow employees to confer with a labor organization during working hours without loss of time or pay.
    (c) Discriminate in regard to hiring, terms, or other conditions of employment to encourage or discourage membership in a labor organization. However, this act or any other law of this state does not preclude a public employer from making an agreement with an exclusive bargaining representative as described in section 11 to require as a condition of employment that all other employees in the bargaining unit pay to the exclusive bargaining representative a service fee equivalent to the amount of dues uniformly required of members of the exclusive bargaining representative.
    (d) Discriminate against a public employee because the public employee has given testimony or instituted proceedings under this act.
    (e) Refuse to bargain collectively with the representatives of its public employees, subject to section 11.
    (2) It is the purpose of 1973 PA 25 to reaffirm the continuing public policy of this state that the stability and effectiveness of labor relations in the public sector require, if the requirement is negotiated with the public employer, that all other employees in the bargaining unit share fairly in the financial support of their exclusive bargaining representative by paying to the exclusive bargaining representative a service fee that may be equivalent to the amount of dues uniformly required of members of the exclusive bargaining representative.
    (3) A labor organization or its agents shall not do any of the following:
    (a) Restrain or coerce public employees in the exercise of the rights guaranteed in section 9. This subdivision does not impair the right of a labor organization to prescribe its own rules with respect to the acquisition or retention of membership.
    (b) Restrain or coerce a public employer in the selection of its representatives for the purposes of collective bargaining or the adjustment of grievances.
    (c) Cause or attempt to cause a public employer to discriminate against a public employee in violation of subsection (1)(c).
    (d) Refuse to bargain collectively with a public employer, if it is the representative of the public employer's employees, subject to section 11.
    (4) By July 1 of each year, each exclusive bargaining representative that represents public employees in this state shall have an independent examiner verify the exclusive bargaining representative's calculation of all expenditures attributed to the costs of collective bargaining, contract administration, and grievance adjustment during the prior calendar year and shall file that verification with the commission. The commission shall make the exclusive bargaining representative's calculations available to the public on the commission's website. The exclusive bargaining representative shall also file a declaration identifying the local bargaining units that are represented. Local bargaining units identified in the declaration filed by the exclusive bargaining representative are not required to file a separate calculation of all expenditures attributed to the costs of collective bargaining, contract administration, and grievance adjustment.
    (5) A public employer and a bargaining representative may enter into a collective bargaining agreement that requires all public employees in the bargaining unit to share equally in the financial support of the bargaining representative. This act does not, and a law or policy of a local government must not, prohibit or limit an agreement that requires public employees in the bargaining unit, as a condition of continued employment, to pay to the bargaining representative membership dues or service fees. This subsection becomes effective immediately upon, and applies to the extent permitted by, either of the following:
    (a) A decision or ruling by the United States Supreme Court that reverses or limits, in whole or in part, Janus v AFSCME, Council 31, ___US___; 138 S Ct 2448 (2018).
    (b) The ratification of an amendment to the United States Constitution that restores the ability to require, as a condition of employment, a public employee who is not a member of a bargaining representative to pay, under any circumstances, fees, including agency fees, to the bargaining representative.
    (6) For fiscal year 2022-2023, $1,000,000.00 is appropriated to the department of labor and economic opportunity to be expended to do all of the following regarding the 2023 amendatory act that added this sentence:
    (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 public employers, public employees, and bargaining representatives about changes to their rights and responsibilities under the amendatory act.
    (d) Any other purposes that the director of the department of labor and economic opportunity determines in the director's sole discretion are necessary to implement the amendatory act.
    


History: Add. 1965, Act 379, Imd. Eff. July 23, 1965 ;-- Am. 1973, Act 25, Imd. Eff. June 14, 1973 ;-- Am. 2012, Act 53, Imd. Eff. Mar. 16, 2012 ;-- Am. 2012, Act 349, Eff. Mar. 28, 2013 ;-- Am. 2014, Act 414, Imd. Eff. Dec. 30, 2014 ;-- Am. 2023, Act 9, Eff. Feb. 13, 2024 ;-- Am. 2023, Act 114, Eff. Feb. 13, 2024
Constitutionality: In Lehnert v Ferris Faculty Association, 500 US 507; 111 S Ct 1950; 114 L Ed 2d 572 (1991), the United States Supreme Court held that a collective-bargaining unit constitutionally may compel its employees to subsidize only certain union activities. “[I]n determining which activities a union constitutionally may charge to dissenting employees ... chargeable activities must (1) be 'germane' to collective-bargaining activity; (2) be justified by the government's vital policy interest in labor peace and avoiding 'free riders'; and (3) not significantly add to the burdening of free speech that is inherent in the allowance of an agency or union shop.”Ruling on the respondent union's disputed activities, the Court held:(1) The respondent may not charge the funds of objecting employees for a program designed to secure funds for Michigan public education or for that portion of a union publication that reports on those activities. The Court found none of the activities “to be oriented toward the ratification or implementation of petitioner's collective-bargaining agreement.”(2) The respondent may bill dissenting employees for their share of general collective-bargaining costs of the state or national parent union. The district court had found these costs to be germane to collective bargaining and similar support services; the court agreed with the finding.(3) The respondent may not charge for the expenses of litigation that does not concern the dissenting employees' bargaining unit or, by extension, union literature reporting on such activities. The Court found extra-unit litigation to be proscribed by the First Amendment of the United States Constitution because it is “more akin to lobbying in both kind and effect” and not germane to a union's activities as an exclusive bargaining agent.(4) The respondent may not bill for certain public relations activities. The Court states: “[T]he ... activities ... entailed speech of a political nature in a public forum. More important, public speech in support of the teaching profession generally is not sufficiently related to the union's collective-bargaining functions to justify compelling dissenting employees to support it. Expression of this kind extends beyond the negotiation and grievance-resolution contexts and imposes a substantially greater burden upon First Amendment rights ... .”(5) The respondent may charge for those portions of a union publication that concern teaching and education generally, professional development, unemployment, job opportunities, union award programs, and miscellaneous matters. The Court noted that such informational support services are neither political nor public in nature and that expenditures for them benefit all, without additional infringements upon the First Amendment.(6) The respondent may bill for fees to send delegates to state and national affiliated conventions. The Court found that participation by local members in the formal activities of the parent is an important benefit of affiliation and an essential part of a union's discharge of its duties as a bargaining agent.(7) The respondent may charge expenses incidental to preparation for a strike which, had it occurred, would have been illegal under Michigan law. The Court, noting that the Michigan Legislature had imposed no restriction, stated there was no First Amendment limitation on such charges. The Court added that such expenses are “substantively indistinguishable from those appurtenant to collective-bargaining negotiations ... enure to the direct benefit of members of the dissenters' unit ... and impose no additional burden upon First Amendment rights.”
Compiler's Notes: Enacting section 1 of Act 349 of 2012 provides:"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."Enacting section 1 of Act 414 of 2014 provides:"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 inoperable shall be severable from the remaining portions of this act."
Popular Name: Public Employment Relations





423.211 Public employees; designation of bargaining representatives; grievances of individual employees.

Sec. 11.

     Representatives designated or selected for purposes of collective bargaining by the majority of the public employees in a unit appropriate for such purposes, shall be the exclusive representatives of all the public employees in such unit for the purposes of collective bargaining in respect to rates of pay, wages, hours of employment or other conditions of employment, and shall be so recognized by the public employer: Provided, That any individual employee at any time may present grievances to his employer and have the grievances adjusted, without intervention of the bargaining representative, if the adjustment is not inconsistent with the terms of a collective bargaining contract or agreement then in effect, provided that the bargaining representative has been given opportunity to be present at such adjustment.


History: Add. 1965, Act 379, Imd. Eff. July 23, 1965
Popular Name: Public Employment Relations





423.211a Disclosure of employee employment and contact information to collective bargaining representatives; requirement; collective bargaining agreement; notice.

Sec. 11a.

    (1) Not later than 30 days after a public employer hires a public employee, the public employer shall provide the employment and contact information of the public employee to the representative of the public employee described in section 11. Every 90 days, a public employer shall provide to each representative of its public employees the employment and contact information of the public employees represented by that representative.
    (2) The employment and contact information provided under subsection (1) must include all of the following for each public employee:
    (a) First, middle, and last name.
    (b) Department or agency.
    (c) Classification.
    (d) Address of primary work location.
    (e) Home address. However, if the public employee's home address is a confidential address, the public employer shall not provide the home address of the public employee and shall instead provide the public employee's designated address. As used in this subdivision:
    (i) "Confidential address" means that term as defined in section 3 of the address confidentiality program act, 2020 PA 301, MCL 780.853.
    (ii) "Designated address" means that term as defined in section 3 of the address confidentiality program act, 2020 PA 301, MCL 780.853.
    (f) Personal telephone number.
    (g) Personal email address.
    (h) Work email address.
    (i) Date of hire.
    (j) Employee identification number, if applicable.
    (k) Full-time or part-time employment status.
    (l) Wage.
    (3) Before a public employer enters into an agreement described in section 10(5), the public employer shall inform each of its public employees to whom the agreement would apply that the public employer intends to enter into the agreement. If a public employer has entered into an agreement described in section 10(5) that is in effect or has yet to take effect, the public employer shall, before the public employer hires an individual as a public employee to whom the agreement would apply, inform the individual that the public employer has entered into an agreement described in section 10(5) that would apply to the individual.
    


History: Add. 2023, Act 236, Eff. Feb. 13, 2024





423.212 Collective bargaining representative; petition; investigation; notice; hearing; election by secret ballot; certification of results; consent election.

Sec. 12.

     When a petition is filed, in accordance with rules promulgated by the commission:
    (a) By a public employee or group of public employees, or an individual or labor organization acting in their behalf, alleging that 30% or more of the public employees within a unit claimed to be appropriate for such purpose wish to be represented for collective bargaining and that their public employer declines to recognize their representative as the representative defined in section 11, or assert that the individual or labor organization, which is certified or is being currently recognized by their public employer as the bargaining representative, is no longer a representative as defined in section 11; or
    (b) By a public employer or his representative alleging that 1 or more individuals or labor organizations have presented to him a claim to be recognized as the representative defined in section 11; The commission shall investigate the petition and, if it has reasonable cause to believe that a question of representation exists, shall provide an appropriate hearing after due notice. If the commission finds upon the record of the hearing that such a question of representation exists, it shall direct an election by secret ballot and shall certify the results thereof. Nothing in this section shall be construed to prohibit the waiving of hearings by stipulation for the purpose of a consent election in conformity with the rules of the commission.


History: Add. 1965, Act 379, Imd. Eff. July 23, 1965 ;-- Am. 1976, Act 18, Imd. Eff. Feb. 20, 1976
Popular Name: Public Employment Relations
Admin Rule: R 423.101 et seq. of the Michigan Administrative Code.





423.213 Decision as to appropriate collective bargaining unit; supervisor of fire fighting personnel.

Sec. 13.

     The commission shall decide in each case, to insure public employees the full benefit of their right to self-organization, to collective bargaining and otherwise to effectuate the policies of this act, the unit appropriate for the purposes of collective bargaining as provided in section 9e of Act No. 176 of the Public Acts of 1939, as amended, being section 423.9e of the Michigan Compiled Laws: Provided, That in any fire department, or any department in whole or part engaged in, or having the responsibility of, fire fighting, no person subordinate to a fire commission, fire commissioner, safety director, or other similar administrative agency or administrator, shall be deemed to be a supervisor.


History: Add. 1965, Act 379, Imd. Eff. July 23, 1965 ;-- Am. 1976, Act 18, Imd. Eff. Feb. 20, 1976
Popular Name: Public Employment Relations





423.214 Elections; eligibility to vote; rules; runoff election; effect of collective bargaining agreement; bargaining unit of public employer consisting of individuals not public employees as invalid and void.

Sec. 14.

    (1) An election shall not be directed in any bargaining unit or any subdivision within which, in the preceding 12-month period, a valid election was held. The commission shall determine who is eligible to vote in the election and shall promulgate rules governing the election. In an election involving more than 2 choices, if none of the choices on the ballot receives a majority vote, a runoff election shall be conducted between the 2 choices receiving the 2 largest numbers of valid votes cast in the election. An election shall not be directed in any bargaining unit or subdivision of any bargaining unit if there is in force and effect a valid collective bargaining agreement that was not prematurely extended and that is of fixed duration. A collective bargaining agreement does not bar an election upon the petition of persons not parties to the collective bargaining agreement if more than 3 years have elapsed since the agreement's execution or last timely renewal, whichever was later.
    (2) An election shall not be directed for, and the commission or a public employer shall not recognize, a bargaining unit of a public employer consisting of individuals who are not public employees. A bargaining unit that is formed or recognized in violation of this subsection is invalid and void.


History: Add. 1965, Act 379, Imd. Eff. July 23, 1965 ;-- Am. 1976, Act 18, Imd. Eff. Feb. 20, 1976 ;-- Am. 2012, Act 76, Imd. Eff. Apr. 10, 2012 ;-- Am. 2012, Act 349, Eff. Mar. 28, 2013
Compiler's Notes: Enacting section 1 of Act 349 of 2012 provides:"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."
Popular Name: Public Employment Relations
Admin Rule: R 423.101 et seq. of the Michigan Administrative Code.





423.215 Collective bargaining; duties of employer, public school employer, and employees' representative; prohibited subjects between public school employer and bargaining representative of employee; effect of financial stability and choice act; selection method for certain departments or boards; costs of independent examiner verification.

Sec. 15.

    (1) A public employer shall bargain collectively with the representatives of its employees as described in section 11 and may make and enter into collective bargaining agreements with those representatives. Except as otherwise provided in this section, for the purposes of this section, to bargain collectively is to perform the mutual obligation of the employer and the representative of the employees to meet at reasonable times and confer in good faith with respect to wages, hours, and other terms and conditions of employment, or to negotiate an agreement, or any question arising under the agreement, and to execute a written contract, ordinance, or resolution incorporating any agreement reached if requested by either party, but this obligation does not compel either party to agree to a proposal or make a concession.
    (2) A public school employer has the responsibility, authority, and right to manage and direct on behalf of the public the operations and activities of the public schools under its control.
    (3) Collective bargaining between a public school employer and a bargaining representative of its employees must not include any of the following subjects:
    (a) Who is or will be the policyholder of an employee group insurance benefit. This subdivision does not affect the duty to bargain with respect to types and levels of benefits and coverages for employee group insurance. A change or proposed change in a type or to a level of benefit, policy specification, or coverage for employee group insurance must be bargained by the public school employer and the bargaining representative before the change takes effect.
    (b) Establishment of the starting day for the school year and of the amount of pupil contact time required to receive full state school aid under section 1284 of the revised school code, 1976 PA 451, MCL 380.1284, and under section 101 of the state school aid act of 1979, 1979 PA 94, MCL 388.1701.
    (c) The composition of school improvement committees established under section 1277 of the revised school code, 1976 PA 451, MCL 380.1277.
    (d) The decision of whether or not to provide or allow interdistrict or intradistrict open enrollment opportunity in a school district or the selection of grade levels or schools in which to allow an open enrollment opportunity.
    (e) The decision of whether or not to act as an authorizing body to grant a contract to organize and operate 1 or more public school academies under the revised school code, 1976 PA 451, MCL 380.1 to 380.1852.
    (f) The use of volunteers in providing services at its schools.
    (g) Decisions concerning use and staffing of experimental or pilot programs and decisions concerning use of technology to deliver educational programs and services and staffing to provide that technology, or the impact of those decisions on individual employees or the bargaining unit.
    (h) Any compensation or additional work assignment intended to reimburse an employee for or allow an employee to recover any monetary penalty imposed under this act.
    (4) The matters described in subsection (3) are prohibited subjects of bargaining between a public school employer and a bargaining representative of its employees, and, for the purposes of this act, are within the sole authority of the public school employer to decide.
    (5) Each collective bargaining agreement entered into between a public employer and public employees under this act on or after March 28, 2013 must include a provision that allows an emergency manager appointed under the local financial stability and choice act, 2012 PA 436, MCL 141.1541 to 141.1575, to reject, modify, or terminate the collective bargaining agreement as provided in the local financial stability and choice act, 2012 PA 436, MCL 141.1541 to 141.1575. Provisions required by this subsection are prohibited subjects of bargaining under this act.
    (6) Collective bargaining agreements under this act may be rejected, modified, or terminated pursuant to the local financial stability and choice act, 2012 PA 436, MCL 141.1541 to 141.1575. This act does not confer a right to bargain that would infringe on the exercise of powers under the local financial stability and choice act, 2012 PA 436, MCL 141.1541 to 141.1575.
    (7) A unit of local government that enters into a consent agreement under the local financial stability and choice act, 2012 PA 436, MCL 141.1541 to 141.1575, is not subject to subsection (1) for the term of the consent agreement, as provided in the local financial stability and choice act, 2012 PA 436, MCL 141.1541 to 141.1575.
    (8) If the charter of a city, village, or township with a population of 500,000 or more requires and specifies the method of selection of a retirant member of the municipality's fire department, police department, or fire and police department pension or retirement board, the inclusion of the retirant member on the board and the method of selection of that retirant member are prohibited subjects of collective bargaining, and any provision in a collective bargaining agreement that purports to modify that charter requirement is void and of no effect.
    (9) An agreement with a collective bargaining unit must not require a public employer to pay the costs of an independent examiner verification described in section 10(4).
    


History: Add. 1965, Act 379, Imd. Eff. July 23, 1965 ;-- Am. 1994, Act 112, Eff. Mar. 30, 1995 ;-- Am. 2009, Act 201, Imd. Eff. Jan. 4, 2010 ;-- Am. 2011, Act 9, Imd. Eff. Mar. 16, 2011 ;-- Am. 2011, Act 25, Imd. Eff. May 11, 2011 ;-- Am. 2011, Act 103, Imd. Eff. July 19, 2011 ;-- Am. 2011, Act 260, Imd. Eff. Dec. 14, 2011 ;-- Am. 2012, Act 12, Imd. Eff. Feb. 15, 2012 ;-- Am. 2012, Act 45, Imd. Eff. Mar. 13, 2012 ;-- Am. 2012, Act 349, Eff. Mar. 28, 2013 ;-- Am. 2014, Act 414, Imd. Eff. Dec. 30, 2014 ;-- Am. 2023, Act 9, Eff. Feb. 13, 2024 ;-- Am. 2023, Act 115, Eff. Feb. 13, 2024 ;-- Am. 2023, Act 143, Eff. Feb. 13, 2024
Compiler's Notes: Enacting section 1 of Act 349 of 2012 provides:"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."Enacting section 1 of Act 414 of 2014 provides:"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 inoperable shall be severable from the remaining portions of this act."For transfer of state school reform/redesign school district and state school reform/redesign officer from department of education to state school reform office created as an autonomous entity within department of technology, management, and budget, see E.R.O. No. 2015-2, compiled at MCL 18.445.For transfer of certain powers and duties of department of education and superintendent of public instruction under MCL 380.1280c and 423.215 to state school reform/redesign office, see E.R.O. No. 2015-2, compiled at MCL 18.445.For transfer of powers and duties under MCL 380.1283c and 423.215 that were transferred from superintendent of public instruction to state school reform /redesign office by E.O. No. 2015-9 back to superintendent of public instruction with transfer of state school reform/redesign office from department of technology, management, and budget to department of education, see E.R.O. No. 2017-2, compiled at MCL 388.1282.Comment: Paragraph III.B of E.O. 2015-9 is rescinded.
Popular Name: Public Employment Relations





423.215a Right of employee of public fire department to volunteer or accept employment with another fire department.

Sec. 15a.

    An employee of a public fire department may volunteer for or seek and accept part-time or paid on-call employment with another fire department if that employment does not conflict with his or her performance of the original employment as determined by the original employer. This section does not create a right for a full-time employee of a public fire department to accept full-time employment with another fire department. A local unit of government shall not adopt or apply an ordinance, rule, or policy in conflict with the right granted an employee under this section. Collective bargaining between a public employer and a bargaining representative of its employees shall not include the subject of a prohibition on an employee volunteering for or obtaining paid on-call employment with another fire department.


History: Add. 2014, Act 323, Imd. Eff. Oct. 15, 2014
Popular Name: Public Employment Relations





423.215b Repealed. 2023, Act 113, Eff. Feb. 13, 2024.


Compiler's Notes: The repealed section pertained to the collection of union dues by public school personnel and the freezing of wages and benefits for certain public employees during contract negotiations.





423.216 Violations of MCL 423.210 as unfair labor practices; remedies; procedures.

Sec. 16.

     Violations of the provisions of section 10 shall be deemed to be unfair labor practices remediable by the commission in the following manner:
    (a) Whenever it is charged that any person has engaged in or is engaging in any such unfair labor practice, the commission, or any agent designated by the commission for such purposes, may issue and cause to be served upon the person a complaint stating the charges in that respect, and containing a notice of hearing before the commission or a commissioner thereof, or before a designated agent, at a place therein fixed, not less than 5 days after the serving of the complaint. No complaint shall issue based upon any unfair labor practice occurring more than 6 months prior to the filing of the charge with the commission and the service of a copy thereof upon the person against whom the charge is made, unless the person aggrieved thereby was prevented from filing the charge by reason of service in the armed forces, in which event the 6-month period shall be computed from the day of his discharge. Any complaint may be amended by the commissioner or agent conducting the hearing or the commission, at any time prior to the issuance of an order based thereon. The person upon whom the complaint is served may file an answer to the original or amended complaint and appear in person or otherwise and give testimony at the place and time fixed in the complaint. In the discretion of the commissioner or agent conducting the hearing or the commission, any other person may be allowed to intervene in the proceeding and to present testimony. Any proceeding shall be conducted pursuant to chapter 4 of Act No. 306 of the Public Acts of 1969, as amended, being sections 24.271 to 24.287 of the Michigan Compiled Laws.
    (b) The testimony taken by the commissioner, agent, or the commission shall be reduced to writing and filed with the commission. Thereafter the commission upon notice may take further testimony or hear argument. If upon the preponderance of the testimony taken the commission is of the opinion that any person named in the complaint has engaged in or is engaging in the unfair labor practice, then it shall state its findings of fact and shall issue and cause to be served on the person an order requiring him to cease and desist from the unfair labor practice, and to take such affirmative action including reinstatement of employees with or without back pay, as will effectuate the policies of this act. The order may further require the person to make reports from time to time showing the extent to which he has complied with the order. If upon the preponderance of the testimony taken the commission is not of the opinion that the person named in the complaint has engaged in or is engaging in the unfair labor practice, then the commission shall state its findings of fact and shall issue an order dismissing the complaint. No order of the commission shall require the reinstatement of any individual as an employee who has been suspended or discharged, or the payment to him of any back pay, if the individual was suspended or discharged for cause. If the evidence is presented before a commissioner of the commission, or before examiners thereof, the commissioner, or examiners shall issue and cause to be served on the parties to the proceeding a proposed report, together with a recommended order, which shall be filed with the commission, and if an exception is not filed within 20 days after service thereof upon the parties, or within such further period as the commission may authorize, the recommended order shall become the order of the commission and become effective as prescribed in the order.
    (c) Until the record in a case has been filed in a court, the commission at any time, upon reasonable notice and in such manner as it deems proper, may modify or set aside, in whole or in part, any finding or order made or issued by it.
    (d) The commission or any prevailing party may petition the court of appeals for the enforcement of the order and for appropriate temporary relief or restraining order, and shall file in the court the record in the proceedings. Upon the filing of the petition, the court shall cause notice thereof to be served upon the person, and thereupon shall have jurisdiction of the proceeding and shall summarily grant such temporary or permanent relief or restraining order as it deems just and proper, enforcing, modifying, enforcing as so modified, or setting aside in whole or in part the order of the commission. No objection that has not been urged before the commission, its commissioner or agent, shall be considered by the court, unless the failure or neglect to urge the objection is excused because of extraordinary circumstances. The findings of the commission with respect to questions of fact if supported by competent, material, and substantial evidence on the record considered as a whole shall be conclusive. If either party applies to the court for leave to present additional evidence and shows to the satisfaction of the court that the additional evidence is material and that there were reasonable grounds for the failure to present it in the hearing before the commission, its commissioner or agent, the court may order the additional evidence to be taken before the commission, its commissioner or agent, and to be made a part of the record. The commission may modify its findings as to the facts, or make new findings, by reason of additional evidence so taken and filed, and it shall file the modifying or new findings, which findings with respect to questions of fact if supported by competent, material, and substantial evidence on the record considered as a whole shall be conclusive, and shall file its recommendations, if any, for the modification or setting aside of its original order. Upon the filing of the record with it the jurisdiction of the court shall be exclusive and its judgment and decree shall be final, except that the same shall be subject to review by the supreme court in accordance with the general court rules.
    (e) Any party aggrieved by a final order of the commission granting or denying in whole or in part the relief sought may within 20 days of such order as a matter of right obtain a review of the order in the court of appeals by filing in the court a petition praying that the order of the commission be modified or set aside, with copy of the petition filed on the commission, and thereupon the aggrieved party shall file in the court the record in the proceeding, certified by the commission. Upon the timely filing of the petition, the court shall proceed in the same manner as in the case of an application by the commission under subsection (d), and shall summarily grant to the commission or to any prevailing party such temporary relief or restraining order as it deems just and proper, enforcing, modifying, enforcing as so modified, or setting aside in whole or in part the order of the commission. The findings of the commission with respect to questions of fact if supported by competent, material, and substantial evidence on the record considered as a whole shall be conclusive. If a timely petition for review is not filed under this subdivision by an aggrieved party, it shall be conclusively presumed that the commission's order is supported by competent, material, and substantial evidence on the record considered as a whole, and the commission or any prevailing party shall be entitled, upon application therefor, to a summary order enforcing the commission's order.
    (f) The commencement of proceedings under subdivisions (d) or (e) shall not, unless specifically ordered by the court, operate as a stay of the commission's order.
    (g) Petitions filed under subdivisions (d) and (e) shall be heard expeditiously by the court to which presented, and for good cause shown shall take precedence over all other civil matters except earlier matters of the same character.
    (h) The commission or any charging party shall have power, upon issuance of a complaint as provided in subdivision (a) charging that any person has engaged in or is engaging in an unfair labor practice, to petition any circuit court within any circuit where the unfair labor practice in question is alleged to have occurred or where such person resides or exercises or may exercise its governmental authority, for appropriate temporary relief or restraining order, in accordance with the general court rules, and the court shall have jurisdiction to grant to the commission or any charging party such temporary relief or restraining order as it deems just and proper.
    (i) For the purpose of all hearings and investigations, which in the opinion of the commission are necessary and proper for the exercise of the powers vested in it under this section, the provisions of section 11 of Act No. 176 of the Public Acts of 1939, as amended, being section 423.11 of the Michigan Compiled Laws, shall be applicable, except that subpoenas may issue as provided in section 11 without regard to whether mediation shall have been undertaken.
    (j) The labor relations and mediation functions of this act shall be separately administered by the commission.


History: Add. 1965, Act 379, Imd. Eff. July 23, 1965 ;-- Am. 1965, Act 397, Imd. Eff. Oct. 26, 1965 ;-- Am. 1976, Act 18, Imd. Eff. Feb. 20, 1976 ;-- Am. 1976, Act 99, Imd. Eff. Apr. 27, 1976 ;-- Am. 1977, Act 266, Imd. Eff. Dec. 8, 1977 ;-- Am. 1978, Act 441, Imd. Eff. Oct. 9, 1978
Constitutionality: The exercise of jurisdiction by the Michigan Employment Relations Commission under the provisions of the public employment relations act with regard to an unfair labor practice claim by a district court employee whose job is essentially administrative or clerical and not central to the administration of justice, bordering on a judicial role, does not violate the constitutional provision for separation of powers. Teamsters Union Local 214 v 60th District Court, 417 Mich 291; 335 NW2d 470 (1982).
Popular Name: Public Employment Relations





423.217 Bargaining representative or education association; prohibited conduct; violation of section; “education association” defined.

Sec. 17.

    (1) A bargaining representative or an education association shall not veto a collective bargaining agreement reached between a public school employer and a bargaining unit consisting of employees of the public school employer; shall not require the bargaining unit to obtain the ratification of an education association before or as a condition of entering into a collective bargaining agreement; and shall not in any other way prohibit or prevent the bargaining unit from entering into, ratifying, or executing a collective bargaining agreement. The power to decide whether or not to enter into, ratify, or execute a collective bargaining agreement with a public school employer rests solely with the members of the bargaining unit who are employees of the public school employer, and shall not be delegated to a bargaining representative or an education association or conditioned on approval by a bargaining representative or an education association.
    (2) If an education association, a bargaining representative, or a bargaining unit violates this section, the board of a public school employer or any other person adversely affected by the violation of this section may bring an action to enjoin the violation of this section in the circuit court for the county in which the plaintiff resides or the circuit court for the county in which the affected public school employer is located. Failure to comply with an order of the court may be punished as contempt. In addition, the court shall award court costs and reasonable attorney fees to a plaintiff who prevails in an action brought under this section.
    (3) As used in this section, "education association" means an organization, whether organized on a county, regional, area, or state basis, in which employees of 1 or more public school employers participate and that exists for the common purpose of protecting and advancing the wages, hours, and working conditions of the organization's members.


History: Add. 1994, Act 112, Eff. Mar. 30, 1995




Rendered 5/24/2024 3:49 AM
Michigan Compiled Laws Complete Through PA 41 of 2024
Courtesy of legislature.mi.gov