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RTW Senate Bill

RTW Senate Bill

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Published by apackof2

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Published by: apackof2 on Dec 07, 2012
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12/08/2012

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S00502'11 (S-3) CJC
SUBSTITUTE FORSENATE BILL NO. 116
 A bill to amend 1939 PA 176, entitled"An act to create a commission relative to labor disputes, and toprescribe its powers and duties; to provide for the mediation andarbitration of labor disputes, and the holding of electionsthereon; to regulate the conduct of parties to labor disputes andto require the parties to follow certain procedures; to regulateand limit the right to strike and picket; to protect the rights andprivileges of employees, including the right to organize and engagein lawful concerted activities; to protect the rights andprivileges of employers; to make certain acts unlawful; and toprescribe means of enforcement and penalties for violations of thisact,"by amending the title and sections 1, 2, 8, 14, 17, and 22 (MCL423.1, 423.2, 423.8, 423.14, 423.17, and 423.22).
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
TITLE
1
 An act to create a commission relative to labor disputes, and
2
to prescribe its powers and duties; to provide for the mediation
3
 
 2S00502'11 (S-3) CJCand arbitration of labor disputes, and the holding of elections
1
thereon; to regulate the conduct of parties to labor disputes and
2
to require the parties to follow certain procedures; to regulate
3
and limit the right to strike and picket; to protect the rights and
4
privileges of employees, including the right to organize and engage
5
in lawful concerted activities; to protect the rights and
6
privileges of employers; to make certain acts unlawful;
TO MAKE7APPROPRIATIONS;
and to prescribe means of enforcement and penalties
8
for violations of this act.
9
Sec. 1. It is hereby declared as the public policy of this
10
state that the best interests of the people of the state are served
11
by the prevention or prompt settlement of
PROTECTING THEIR RIGHT TO12 WORK IN A MANNER CONSISTENT WITH SECTION 14(B) OF THE NATIONAL13LABOR RELATIONS ACT, 29 USC 164(B), AND PREVENTING OR PROMPTLY14SETTLING
labor disputes; that strikes and lockouts and other forms
15
of industrial strife, regardless of where the merits of the
16
controversy lie, are forces productive ultimately of economic
17
waste; that the interests and rights of the consumers and the
18
people of the state, while not direct parties thereto, should
19
always be considered, respected and protected; and that the
20
voluntary mediation of such disputes under the guidance and
21
supervision of a governmental agency will tend to promote permanent
22
industrial peace and the health, welfare, comfort and safety of the
23
people of the state.
24
Sec. 2. As used in this act:
25
(a) "Company union" includes any employee association,
26
committee, agency, or representation plan, formed or existing for
27
 
 3S00502'11 (S-3) CJCthe purpose, in whole or in part, of dealing with employers
1
concerning grievances or terms and conditions of employment, which
2
in any manner or to any extent, and by any form of participation,
3
interference, or assistance, financial or otherwise, either in its
4
organization, operation, or administration, is dominated or
5
controlled, sponsored or supervised, maintained, directed, or
6
financed by the employer.
7
(b) "Dispute" and "labor dispute" shall include but are not
8
restricted to any controversy concerning terms, tenure, or
9
conditions of employment, or concerning the association or
10
representation of employees in negotiating, fixing, maintaining, or
11
changing terms or conditions of employment, regardless of whether
12
the disputants stand in the proximate relation of employer and
13
employee.
14
(c) "Commission" means the employment relations commission
15
created by section 3.
16
(d) "Person" includes an individual, partnership, association,
17
corporation, business trust, or labor organization
, OR ANY OTHER18PRIVATE ENTITY
.
19
(e) "Employee" includes any employee, and shall not be
IS NOT20
limited to the employees of a particular employer, unless the act
21
explicitly provides otherwise, and shall include
INCLUDES
any
22
individual whose work has ceased as a consequence of, or in
23
connection with, any current labor dispute or because of any act
24
which
THAT
is illegal hereunder,
UNDER THIS ACT,
and who has not
25
obtained any other regular and substantially equivalent employment,
26
but shall
DOES
not include any individual employed as an
27

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