Bill Text: MI HB5398 | 2015-2016 | 98th Legislature | Introduced

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Bill Title: Labor; collective bargaining; all-union agreements in private sector; allow under certain conditions. Amends sec. 14 of 1939 PA 176 (MCL 423.14) & adds sec. 14a.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2016-03-01 - Bill Electronically Reproduced 02/24/2016 [HB5398 Detail]

Download: Michigan-2015-HB5398-Introduced.html

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HOUSE BILL No. 5398

February 24, 2016, Introduced by Rep. Kosowski 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 14 (MCL 423.14), as amended by 2012 PA 348, and

 

by adding section 14a.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 14. (1) An Except as provided in section 14a, an

 

individual shall not be required as a condition of obtaining or

 

continuing employment to do any of the following:

 

     (a) Refrain or resign from membership in, voluntary

 

affiliation with, or voluntary financial support of a labor

organization.

 

     (b) Become or remain a member of a labor organization.

 

     (c) Pay any dues, fees, assessments, or other charges or

 

expenses of any kind or amount or provide anything of value to a

 

labor organization.

 

     (d) Pay to any charitable organization or third party an

 

amount that is in lieu of, equivalent to, or any portion of dues,

 

fees, assessments, or other charges or expenses required of members

 

of or employees represented by a labor organization.

 

     (2) An agreement, contract, understanding, or practice between

 

or involving an employer and a labor organization that violates

 

subsection (1) is unlawful and unenforceable. This subsection

 

applies only to an agreement, contract, understanding, or practice

 

that takes effect or is extended or renewed after the effective

 

date of the 2012 amendatory act that amended this section.March 28,

 

2013.

 

     (3) Subsections (1) and (2) shall be implemented to the

 

maximum extent permitted by the United States constitution and

 

federal law.

 

     (4) The court of appeals has exclusive original jurisdiction

 

over any action challenging the validity of subsection (1), (2), or

 

(3). The court of appeals shall hear the action in an expedited

 

manner.

 

     (5) A person, employer, or labor organization that violates

 

subsection (1) is liable for a civil fine of not more than $500.00.

 

A civil fine recovered under this section shall be submitted to the

 

state treasurer for deposit in the general fund of this state.

     (6) Except for actions required to be brought under subsection

 

(4), a person who suffers an injury as a result of a violation or

 

threatened violation of subsection (1) may bring a civil action for

 

damages, injunctive relief, or both. In addition, a court shall

 

award court costs and reasonable attorney fees to a plaintiff who

 

prevails in an action brought under this subsection. Remedies

 

provided for in this subsection are independent of and in addition

 

to other penalties and remedies prescribed by this act.

 

     (7) For fiscal year 2012-2013, $1,000,000.00 is appropriated

 

to the department of licensing and regulatory affairs to be

 

expended to do all of the following regarding the amendatory act

 

that added this subsection:

 

     (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 employers, employees, and labor organizations

 

concerning their rights and responsibilities under the amendatory

 

act.

 

     (d) Any other purposes that the director of the department of

 

licensing and regulatory affairs determines in his or her

 

discretion are necessary to implement the amendatory act.

 

     Sec. 14a. (1) An employer may enter into an all-union

 

agreement with the representatives of the employer's employees in a

 

recognized or certified collective bargaining unit within this

 

state only as provided in this section. An all-union agreement is

 

not effective unless the agreement is approved by an affirmative

 

vote of a majority of all the employees eligible to vote or 3/4 of

the employees who actually vote, whichever is greater, and is filed

 

with the commission. The employer, the labor organization, or 20%

 

or more of the employees covered by the all-union agreement may

 

file a petition demanding an election on ratification of the

 

agreement. The vote must be by secret ballot in an election

 

conducted under the supervision of the commission as soon as

 

practicable after the petition is filed. Only employees in the

 

bargaining unit are eligible to vote in the election. If the

 

collective bargaining unit involved is certified under section 9e

 

or by the National Labor Relations Board, further recognition or

 

certification by election is not necessary for the collective

 

bargaining unit before conducting an election under this

 

subsection.

 

     (2) The commission shall terminate an all-union agreement if

 

any of the following circumstances exist:

 

     (a) The commission finds that the labor organization

 

unreasonably refused to receive as a member any employee of the

 

employer. Any interested person may raise this issue before the

 

commission.

 

     (b) The employer or 20% of the employees covered by an all-

 

union agreement file a petition with the commission on a form

 

provided by the commission seeking to terminate the all-union

 

agreement, and an election is held on the petition under the

 

supervision of the commission at which a majority of all the

 

employees eligible to vote or 3/4 of the employees who actually

 

vote, whichever is greater, do not vote to retain the all-union

 

agreement. A petition under this subdivision may only be filed 120

to 105 days before either the end of the collective bargaining

 

agreement or the end of a triennial anniversary date of the

 

collective bargaining agreement, as applicable.

 

     (3) The commission shall provide means for doing all of the

 

following as to an employee petition under subsection (1) or

 

(2)(b):

 

     (a) Submitting a confidential employee petition for an

 

election on an all-union agreement.

 

     (b) Verifying the employment, status, and eligibility of

 

petitioners.

 

     (c) Determining the sufficiency of the petitions as to the 20%

 

signature requirement.

 

     (4) The commission must complete the election on a petition

 

under subsection (2)(b) by 60 days before either the end or the

 

triennial anniversary of the collective bargaining agreement, as

 

applicable. The commission shall not conduct an election on a

 

petition under subsection (2)(b) more than once during any

 

collective bargaining agreement with a duration of 3 years or less,

 

or more than once every 3 years for an agreement with a duration

 

that exceeds 3 years.

 

     (5) The identity of an employee who casts a ballot in an

 

election or signs a petition submitted to the commission under this

 

section shall be kept confidential and is exempt from disclosure

 

under the freedom of information act, 1976 PA 442, MCL 15.231 to

 

15.246.

 

     (6) Section 17(1) shall not be construed to interfere with the

 

right of an employer and a labor organization to enter into or

lawfully administer an all-union agreement as provided in this

 

section.

 

     (7) As used in this section, "all-union agreement" means a

 

contractual provision between an employer or group of employers and

 

a collective bargaining unit representing some or all of the

 

employees of the employer or group of employers providing for any

 

type of union security and compelling an employee's financial

 

support or allegiance to a labor organization. All-union agreement

 

includes, but is not limited to, a contractual provision for a

 

union shop, a modified union shop, an agency shop providing

 

periodic payment of a sum in lieu of union dues, a modified agency

 

shop, a pre-hire agreement, maintenance of dues, or maintenance of

 

membership.

 

     Enacting section 1. This amendatory act takes effect 90 days

 

after the date it is enacted into law.