Michigan Compiled Laws

Mich. Comp. Laws § 423.201 (2026)

Definitions; rights of public employees.

✓ current as of July 2026

Find cases: SyfertCases citing this section MI-LEGlegislature.mi.gov JustiaChapter on Justia CornellLII Search CasesGoogle Scholar

PUBLIC EMPLOYMENT RELATIONS

Act 336 of 1947

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 both of the following:

(i) An individual serving as a graduate student research assistant or in an equivalent position.

(ii) An individual designated by the legislature as a public employee. The legislature may designate an individual as a public employee only for the purpose of collective bargaining. The designation does not render the individual an employee of this state or political subdivision of this state for any purpose other than the limited purpose authorized by the legislature.

(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 is not an employee of this state or that political subdivision, and is not a public employee.

(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 ;-- Am. 2024, Act 145, Eff. Apr. 2, 2025

Constitutionality Notes:

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."

PopularName Notes:

Public Employment Relations

Notes of Decisions

Cited in 316 cases (32 in the last 5 years), 1952–2025 · leading case: MacOmb Cnty. v. AFSCME Council 25 Locals 411 & 893, 833 N.W.2d 225 (Mich. 2013).

Sort: Relevance Newest Treatment

MacOmb Cnty. v. AFSCME Council 25 Locals 411 & 893, 833 N.W.2d 225 (Mich. 2013). · cites it 8× “Failure to 1 MCL 423.201 et seq. do so constitutes an unfair labor practice.”

Wayne Circuit Judges v. Wayne Cnty., 190 N.W.2d 228 (Mich. 1971). · cites it 12× “More recently, the enactment of MCLA § 423.201 et seq. (Stat Ann 1968 Rev § 17.”

Judges of the 74th Jud. Dist. v. Bay Cnty., 190 N.W.2d 219 (Mich. 1971). · cites it 8× “*725 336 (MCLA § 423.201 et seq.; Stat Ann 1968 Rev § 17.”

Lamphere Schs. v. Lamphere Fed'n of Teachers, 252 N.W.2d 818 (Mich. 1977). · cites it 4× “The issue in the case at bar is limited to whether a federation (union) of public school teachers may be held liable in tort by a public school district for alleged monetary damages incurred as a result of a peaceful strike prohibited by the public employment relations act…”

Seiu Health Care Michigan v. Snyder, 875 F. Supp. 2d 710 (E.D. Mich. 2012). · cites it 10× “Mich. Comp. Laws § 423.201 (l)(e). In March 2005, MERC conducted a state-supervised, mail-ballot to determine whether Plaintiff should be recognized as the providers’ exclusive collective bargaining representative for purposes of bargaining with MQC3.”

Demings v. City of Ecorse, 377 N.W.2d 275 (Mich. 1985). · cites it 6× “, and by the national labor policies which those statutes implement impliedly impose on labor organizations representing private sector employees a duty of fair representation.”

Smigel v. Southgate Cmty. Sch. Dist., 202 N.W.2d 305 (Mich. 1972). · cites it 8× “336 (MCLA § 423.201 et seq.; Stat Ann 1968 Rev § 17.”

Booth Newspapers, Inc v. Univ. of Michigan Bd. of Regents, 507 N.W.2d 422 (Mich. 1993). · cites it 2× “[18] MCL 423.201 et seq. ; MSA 17.455(1) et seq.”

Lehnert v. Ferris Fac. Assn., 500 U.S. 507 (1991). · cites it 2× “I Michigan's Public Employment Relations Act (Act), Mich. Comp. Laws § 423.201 et seq. (1978), provides that a duly selected union shall serve as the exclusive collective-bargaining representative of public employees in a particular bargaining unit.”

Michigan State AFL-CIO v. Michigan Emp. Relations Comm'n, 538 N.W.2d 433 (Mich. Ct. App. 1995). · cites it 6× “Plaintiffs in these consolidated cases appeal a March 16, 1995, order of the Wayne Circuit Court denying in large part their motions for summary disposition challenging amendments of the public employment relations act (pera), MCL 423.201 et seq.; MSA 17.455(1) et seq.”

Port Huron Educ. Ass'n v. Port Huron Area Sch. Dist., 550 N.W.2d 228 (Mich. 1996). · cites it 2× “§ 423.201 et seq. ; M.S.A. § 17.455(1) et seq.”

Detroit Pub. Schs. v. Conn, 308 Mich. App. 234 (Mich. Ct. App. 2014). · cites it 2× “It also argued that appellees have, in essence, asserted an unfair labor practice claim within the exclusive jurisdiction of MERC under the public employment relations act (PERA), MCL 423.201 et seq. In a June 12, 2013 opinion and order, the circuit court agreed with the…”

Show all 316 citing cases →

— Mich. Comp. Laws § 423.201(1) — 2 cases

Michigan State AFL-CIO v. Michigan Emp. Relations Comm'n, 538 N.W.2d 433 (Mich. Ct. App. 1995). “Plaintiffs in these consolidated cases appeal a March 16, 1995, order of the Wayne Circuit Court denying in large part their motions for summary disposition challenging amendments of the public employment relations act (pera), MCL 423.201 et seq.; MSA 17.455(1) et seq.”

Michigan State AFL-CIO v. Emp. Relations Comm'n, 551 N.W.2d 165 (Mich. 1996).

— Mich. Comp. Laws § 423.201(1)(e) — 1 case

MacOmb Cnty. v. AFSCME Council 25 Locals 411 & 893, 833 N.W.2d 225 (Mich. 2013). “Failure to 1 MCL 423.201 et seq. do so constitutes an unfair labor practice.”

— Mich. Comp. Laws § 423.201(1)(i) — 1 case

Michigan State AFL-CIO v. Emp. Relations Comm'n, 551 N.W.2d 165 (Mich. 1996).

— Mich. Comp. Laws § 423.201(2) — 2 cases

Michigan State AFL-CIO v. Emp. Relations Comm'n, 551 N.W.2d 165 (Mich. 1996).

— Mich. Comp. Laws § 423.201(3)(c) — 1 case

St Clair Intermediate Sch. Dist. v. Intermediate Educ. Ass'n, 555 N.W.2d 267 (Mich. Ct. App. 1996).

— Mich. Comp. Laws § 423.201(a) — 2 cases

Michigan State AFL-CIO v. Emp. Relations Comm'n, 551 N.W.2d 165 (Mich. 1996).

— Mich. Comp. Laws § 423.201(b) — 2 cases

Standish-Sterling Educ. Support Pers. v. Mark Norgan (Mich. Ct. App. 2017).

— Mich. Comp. Laws § 423.201(e) — 3 cases

Grandville Mun. Exec. Ass'n v. City of Grandville, 553 N.W.2d 917 (Mich. 1996).

UAW v. Green, 302 Mich. App. 246 (Mich. Ct. App. 2013).

Macomb Cnty. v. AFSCME Council 25, 818 N.W.2d 384 (Mich. Ct. App. 2011).

— Mich. Comp. Laws § 423.201(e)(i) — 1 case

UAW v. Green, 302 Mich. App. 246 (Mich. Ct. App. 2013).

— Mich. Comp. Laws § 423.201(k) — 2 cases

Lc Bulger v. Detroit Pub. Schs. Cmty. Dist. (Mich. Ct. App. 2025).

Detroit Pub. Schs. Cmty. Dist. v. Lc Bulger (Mich. Ct. App. 2025).

— Mich. Comp. Laws § 423.201(l)(e) — 1 case

City of Lansing v. Carl Schlegel, Inc, 669 N.W.2d 315 (Mich. Ct. App. 2003).

— Mich. Comp. Laws § 423.201(l)(e)(i) — 2 cases

Seiu Health Care Michigan v. Snyder, 875 F. Supp. 2d 710 (E.D. Mich. 2012). “Mich. Comp. Laws § 423.201 (l)(e). In March 2005, MERC conducted a state-supervised, mail-ballot to determine whether Plaintiff should be recognized as the providers’ exclusive collective bargaining representative for purposes of bargaining with MQC3.”

City of Lansing v. Carl Schlegel, Inc, 669 N.W.2d 315 (Mich. Ct. App. 2003).

— Mich. Comp. Laws § 423.201(l)(e)(ii) — 1 case

City of Lansing v. Carl Schlegel, Inc, 669 N.W.2d 315 (Mich. Ct. App. 2003).

— Mich. Comp. Laws § 423.201(l)(i) — 1 case

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.