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House Bill 4643

House Bill 4643

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Published by LansingStateJournal
State Rep. Tom McMillin, R-Rochester Hills, has re-introduced legislation that would allow the courts to levy steep fines against individuals and unions that engage in illegal picketing.
State Rep. Tom McMillin, R-Rochester Hills, has re-introduced legislation that would allow the courts to levy steep fines against individuals and unions that engage in illegal picketing.

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Published by: LansingStateJournal on May 13, 2013
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05/13/2013

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00288'13 CJC
   H   O   U   S   E   B   I   L   L   N  o .   4   6   4   3
 O U  S I   o. 6  3 
 
HOUSE BILL No. 4643
April 30, 2013, Introduced by Rep. McMillin and referred to the Committee on Oversight.
 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 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
1
persons to hinder
A PERSON SHALL NOT DO ANY OF THE FOLLOWING:2(A) HINDER
or prevent by masspicketing,
MASS PICKETING,3
unlawful threats
,
or force
,
the pursuit of any lawful work or
4
 
 200288'13 CJCemployment
.
, (2) to obstruct
 1(B) OBSTRUCT
or interfere with entrance to or egress from any
2
place of employment
 
, (3) to obstruct
BY MASS PICKETING.3(C) OBSTRUCT
or interfere with free and uninterrupted use of
4
public roads, streets, highways, railways, airports, or other ways
5
of travel or conveyance
 
, or (4) to engage
BY MASS PICKETING.6(D) ENGAGE
in picketing a private residence by any means or
7
methods whatever
.
: Provided, That picketing, to the extent that
8
the same is authorized under constitutional provisions, shall in no
9
manner be prohibited. Violation of this section shall be a
10
misdemeanor and punishable as such.
 11(2) SUBSECTION (1) DOES NOT APPLY TO PICKETING THAT IS12AUTHORIZED UNDER THE CONSTITUTION OF THE UNITED STATES OR THE STATE13CONSTITUTION OF 1963.14(3) AN EMPLOYER OR OTHER PERSON THAT IS SUBJECT TO AN ACTIVITY15PROHIBITED UNDER SUBSECTION (1) MAY BRING AN ACTION TO ENJOIN THE16PROHIBITED ACTIVITY IN THE CIRCUIT COURT FOR THE COUNTY IN WHICH17THE AFFECTED PERSON IS LOCATED. A COURT HAVING JURISDICTION OF AN 18ACTION BROUGHT UNDER THIS SUBSECTION SHALL GRANT INJUNCTIVE RELIEF19IF THE COURT FINDS THAT ANY PERSON HAS ENGAGED OR IS ENGAGING IN 20ANY OF THE CONDUCT PROHIBITED UNDER SUBSECTION (1), WITHOUT REGARD21TO THE EXISTENCE OF OTHER REMEDIES, DEMONSTRATION OF IRREPARABLE22HARM, OR OTHER FACTORS. THE COURT SHALL AWARD COURT COSTS AND23REASONABLE ATTORNEY FEES TO A PLAINTIFF WHO PREVAILS IN AN ACTION 24BROUGHT UNDER THIS SUBSECTION.25(4) FAILURE TO COMPLY WITH AN ORDER OF THE COURT ISSUED UNDER26THIS SECTION MAY BE PUNISHED AS CONTEMPT.27

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