Mich. Comp. Laws » Michigan Compiled Laws / Chapter 423 / Act 176 of 1939
Michigan Compiled Laws

Mich. Comp. Laws § 423.2 (2026)

Definitions.

✓ current as of July 2026
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EMPLOYMENT RELATIONS COMMISSION


Act 176 of 1939


423.2 Definitions.

Sec. 2.

    As used in this act:

    (a) "Company union" includes any employee association, committee, agency, or representation plan, formed or existing for the purpose, in whole or in part, of dealing with employers concerning grievances or terms and conditions of employment, which in any manner or to any extent, and by any form of participation, interference, or assistance, financial or otherwise, either in its organization, operation, or administration, is dominated or controlled, sponsored or supervised, maintained, directed, or financed by the employer.

    (b) "Dispute" and "labor dispute" include, but are not limited to, any controversy concerning terms, tenure, or conditions of employment, or concerning the association or representation of employees in negotiating, fixing, maintaining, or changing terms or conditions of employment, regardless of whether the disputants stand in the proximate relation of employer and employee.

    (c) "Commission" means the employment relations commission created by section 3.

    (d) "Person" includes an individual, partnership, association, corporation, business trust, labor organization, or any other private entity.

    (e) "Employee" includes any employee, and is not limited to the employees of a particular employer, unless this act explicitly provides otherwise, and includes any individual whose work has ceased as a consequence of, or in connection with, any current labor dispute or because of any act that is illegal under this act, and who has not obtained any other regular and substantially equivalent employment, but does not include any individual employed as an agricultural laborer, or in the domestic service of any family or any person at the person's home, or any individual employed by the person's parent or spouse, or any individual employed as an executive or supervisor, or any individual employed by an employer subject to the railway labor act, 45 USC 151 to 188, or by any other person who is not an employer.

    (f) "Employer" means a person and includes any person acting as an agent of an employer, but does not include the United States or any corporation wholly owned by the United States; any federal reserve bank; any employer subject to the railway labor act, 45 USC 151 to 188; this state or a political subdivision of this state; or any labor organization, or anyone acting in the capacity of officer or agent of a labor organization, other than when acting as an employer.

    (g) "Labor organization" means any organization of any kind, or any agency or employee representation committee or plan, in which employees participate and that exists for the purpose, in whole or in part, of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours of employment, or conditions of work.

    

    

History: 1939, Act 176, Imd. Eff. June 8, 1939 ;-- CL 1948, 423.2 ;-- Am. 1949, Act 230, Imd. Eff. May 31, 1949 ;-- Am. 1969, Act 181, Imd. Eff. Aug. 5, 1969 ;-- Am. 1976, Act 17, Imd. Eff. Feb. 20, 1976 ;-- Am. 1978, Act 250, Imd. Eff. June 20, 1978 ;-- Am. 2012, Act 348, Eff. Mar. 28, 2013 ;-- Am. 2023, Act 8, Eff. Feb. 13, 2024

Compiler's Notes:

    Enacting section 1 of Act 348 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."

Notes of Decisions
Cited in 21 cases, 1955–2019 · leading case: Grandville Mun. Exec. Ass'n v. City of Grandville, 553 N.W.2d 917 (Mich. 1996).
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Grandville Mun. Exec. Ass'n v. City of Grandville, 553 N.W.2d 917 (Mich. 1996). · cites it 4× “§ 423.2(e); M.S.A. § 17.454(2)(e).] At the time the petition was filed in the instant case, the only express definition of "employee" in the PERA appeared in § 2, which forbade strikes: No person holding a position by appointment or employment in the government of the state of…”
Pontiac Police Officers Ass'n v. City of Pontiac, 246 N.W.2d 831 (Mich. 1976). · cites it 2× “See fn 12 and MCLA 423.2(b); MSA 17.454(2)(b).”
Rockwell v. Crestwood Sch. Dist. Bd. of Educ., 227 N.W.2d 736 (Mich. 1975). “18 MCLA 423.2; MSA 17.454(2); 61 Stat 137 (1947), 29 USCA 152.”
Lillard v. Emp. Sec. Comm'n, 110 N.W.2d 910 (Mich. 1961). · cites it 2× “In the State labor mediation act (CL 1948, § 423.2, subd [b] [Stat Ann 1947 Cum Supp § 17.”
Local Union 1106, Int'l Bhd. of Elec. Workers v. Goodwill Indus. of Muskegon Cnty., Inc., 440 N.W.2d 635 (Mich. Ct. App. 1989). · cites it 4× “Respondent appeals as of right from a supplemental decision and order of the Michigan Employment Relations Commission holding that individuals employed in respondent’s sheltered workshop operation known as Westport Janitorial Service are "employees” within the meaning of the…”
Gen. Teamsters Union, Local No. 406 v. Uptown Cleaners & Hatters, Inc., 97 N.W.2d 593 (Mich. 1959). · cites it 2× “The title and the specific provisions of the statute (CL 1948 and CLS 1956, §§ 423.2, 423.8, 423.9, 423.9b, 423.10, 423.”
Doerr v. Universal Eng'g Div., Houdaille Indus., Inc, 282 N.W.2d 352 (Mich. Ct. App. 1979). · cites it 2× “The application of this test is to ask whether plaintiffs would have been unemployed despite the labor dispute.”
Detroit Bd. of Educ. v. Local 28, Org. of Sch. Administrators & Supervisors, 308 N.W.2d 247 (Mich. Ct. App. 1981). “” 2 Under the definition contained in MCL 423.2(e); MSA 17.454(2)(e), the term “employee” does not include “any individual employed as an executive or supervisor”.”
Muskegon Cnty. Prof'l Command Ass'n v. Cnty. of Muskegon, 464 N.W.2d 908 (Mich. Ct. App. 1990). “MCL 423.2(e); MSA 17.454(2)(e). By contrast, the term "public employee” includes all persons in the service of the state.”
Int'l Union, United Auto., Aerospace & Agric. Implement Workers v. City of Sterling Heights, 439 N.W.2d 310 (Mich. Ct. App. 1989). · cites it 2× “” However, we note that this definition does not apply to public employees, which have been statutorily designated in MCL 723.202; MSA 17.455(2).”
Sch. Dist. of City of Dearborn v. Labor Mediation Bd., 177 N.W.2d 196 (Mich. Ct. App. 1970). · cites it 6× “This is in sharp contrast to the definition of an “employee” contained in MCLA § 423.2 (e) (Stat Ann 1968 Eev § 17.”
Grand Rapids City Coach Lines, Inc. v. Howlett, 137 F. Supp. 667 (W.D. Mich. 1955). “The foregoing opinion shall constitute the Court’s findings of fact and conclusions of law. For the reasons herein stated plaintiff may present an order for a temporary injunction as prayed for in plaintiff’s complaint.”
Show all 21 citing cases →
— Mich. Comp. Laws § 423.2(b) — 4 cases
Pontiac Police Officers Ass'n v. City of Pontiac, 246 N.W.2d 831 (Mich. 1976). “See fn 12 and MCLA 423.2(b); MSA 17.454(2)(b).”
Doerr v. Universal Eng'g Div., Houdaille Indus., Inc, 282 N.W.2d 352 (Mich. Ct. App. 1979). “The application of this test is to ask whether plaintiffs would have been unemployed despite the labor dispute.”
Degi v. Varano Glass Co., 405 N.W.2d 129 (Mich. Ct. App. 1987).
Williams v. Teledyne Cont'l Motors Aircraft Prods., 646 So. 2d 22 (Ala. 1994).
— Mich. Comp. Laws § 423.2(d) — 1 case
Clarkston Educ. Ass'n v. Ron Conwell (Mich. Ct. App. 2019).
— Mich. Comp. Laws § 423.2(e) — 9 cases
Grandville Mun. Exec. Ass'n v. City of Grandville, 553 N.W.2d 917 (Mich. 1996). “§ 423.2(e); M.S.A. § 17.454(2)(e).] At the time the petition was filed in the instant case, the only express definition of "employee" in the PERA appeared in § 2, which forbade strikes: No person holding a position by appointment or employment in the government of the state of…”
Local Union 1106, Int'l Bhd. of Elec. Workers v. Goodwill Indus. of Muskegon Cnty., Inc., 440 N.W.2d 635 (Mich. Ct. App. 1989). “Respondent appeals as of right from a supplemental decision and order of the Michigan Employment Relations Commission holding that individuals employed in respondent’s sheltered workshop operation known as Westport Janitorial Service are "employees” within the meaning of the…”
Detroit Bd. of Educ. v. Local 28, Org. of Sch. Administrators & Supervisors, 308 N.W.2d 247 (Mich. Ct. App. 1981). “” 2 Under the definition contained in MCL 423.2(e); MSA 17.454(2)(e), the term “employee” does not include “any individual employed as an executive or supervisor”.”
Muskegon Cnty. Prof'l Command Ass'n v. Cnty. of Muskegon, 464 N.W.2d 908 (Mich. Ct. App. 1990). “MCL 423.2(e); MSA 17.454(2)(e). By contrast, the term "public employee” includes all persons in the service of the state.”
Int'l Union, United Auto., Aerospace & Agric. Implement Workers v. City of Sterling Heights, 439 N.W.2d 310 (Mich. Ct. App. 1989). “” However, we note that this definition does not apply to public employees, which have been statutorily designated in MCL 723.202; MSA 17.455(2).”
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