PUBLIC EMPLOYMENT RELATIONS
Act 336 of 1947
423.206 Public employee; conduct considered to be on strike; proceeding to determine violation of act; time; decision; review; applicability of subsection (2) to penalty imposed under MCL 423.202a.
Sec. 6.
(1) Notwithstanding the provisions of any other law, a public employee who, by concerted action with others and without the lawful approval of his or her superior, willfully absents himself or herself from his or her position, or abstains in whole or in part from the full, faithful and proper performance of his or her duties for the purpose of inducing, influencing or coercing a change in employment conditions, compensation, or the rights, privileges, or obligations of employment, or a public employee employed by a public school employer who engages in an action described in this subsection 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, shall be considered to be on strike.
(2) Before a public employer may discipline or discharge a public employee for engaging in a strike, the public employee, upon request, is entitled to a determination under this section as to whether he or she violated this act. The request shall be filed in writing, with the officer or body having power to remove or discipline the employee, within 10 days after regular compensation of the employee has ceased or other discipline has been imposed. If a request is filed, the officer or body, within 5 days after receipt of the request, shall commence a proceeding for the determination of whether the public employee has violated this act. The proceedings shall be held in accordance with the law and regulations appropriate to a proceeding to remove the public employee and shall be held without unnecessary delay. The decision of the officer or body shall be made within 2 days after the conclusion of the proceeding. If the employee involved is found to have violated this act and his or her employment is terminated or other discipline is imposed, the employee has the right of review to the circuit court having jurisdiction of the parties, within 30 days from the date of the decision, for a determination as to whether the decision is supported by competent, material, and substantial evidence on the whole record. A public employer may consolidate employee hearings under this subsection unless the employee demonstrates manifest injustice from the consolidation. This subsection does not apply to a penalty imposed under section 2a.
History: 1947, Act 336, Eff. Oct. 11, 1947 ;-- CL 1948, 423.206 ;-- Am. 1965, Act 379, Imd. Eff. July 23, 1965 ;-- Am. 1994, Act 112, Eff. Mar. 30, 1995 ;-- Am. 2016, Act 194, Eff. Sept. 19, 2016
PopularName Notes:
Public Employment Relations
Notes of Decisions
Michigan State AFL-CIO v. Emp. Relations Comm'n, 551 N.W.2d 165 (Mich. 1996).
· cites it 4× “§ 423.206(1); M.S.A. § 17.455(6)(1).] Plaintiffs argue that the subsections are inconsistent because subsection 2a(1) only requires a strike by one employee, but subsection 6(1) requires "concerted action with others.”
LOCAL 1383 v. City of Warren, 311 N.W.2d 702 (Mich. 1981).
· cites it 2× “The Crestwood Court reviewed our decisions which "consistently construed the PERA as the dominant law regulating public employee labor relations".”
Michigan State AFL-CIO v. Michigan Emp. Relations Comm'n, 538 N.W.2d 433 (Mich. Ct. App. 1995).
· cites it 2× “IV In Rockwell v Crestwood School Dist Bd of Ed, *489 393 Mich 616 ; 227 NW2d 736 (1975), the Supreme Court held that public employers can discipline or discharge public employees for engaging in an illegal strike pursuant to §6 of the pera, MCL 423.206; MSA 17.455(6), even if…”
Arnold v. Crestwood Bd. of Educ., 277 N.W.2d 158 (Mich. Ct. App. 1978).
· cites it 2× “On January 6, 1975, counsel for the teachers responded to the December 30 resolution with a demand for individual hearings before the board as provided for in § 6 of PERA, MCL 423.206; MSA 17.455(6). Simultaneously, unfair labor practice charges were filed against the board…”
Rockwell v. Crestwood Sch. Dist. Bd. of Educ., 226 N.W.2d 596 (Mich. Ct. App. 1975).
· cites it 3× “Both charges are presently pending before MERC and are not directly involved in the case before us: The teachers also responded to the December 30 resolution by a letter to the board dated January 6, 1975, wherein the teachers requested individual hearings before the board in…”
Golembiowski v. Madison Heights Civil Serv. Comm'n, 286 N.W.2d 69 (Mich. Ct. App. 1979).
“In Arnold v Crestwood Board of Education, 87 Mich App 625, 651-652 ; 277 NW2d 158 (1979), a number of public school teachers had been fired by defendant as a result of hearings held pursuant to § 6 of the public employment relations act, MCL 423.206; MSA 17.455(6). On appeal,…”
Niemi v. Kearsley Bd. of Educ., 303 N.W.2d 905 (Mich. Ct. App. 1981).
“In Arnold , this Court found no due process *823 violation where a school board’s attorney advised the board and presented charges at a hearing under §6 of the public employees relations act, MCL 423.206; MSA 17.455(6). We recognize that a § 6 inquiry is limited solely to a…”
— Mich. Comp. Laws § 423.206(1) — 2 cases
Michigan State AFL-CIO v. Emp. Relations Comm'n, 551 N.W.2d 165 (Mich. 1996).
“§ 423.206(1); M.S.A. § 17.455(6)(1).] Plaintiffs argue that the subsections are inconsistent because subsection 2a(1) only requires a strike by one employee, but subsection 6(1) requires "concerted action with others.”
Michigan State AFL-CIO v. Michigan Emp. Relations Comm'n, 538 N.W.2d 433 (Mich. Ct. App. 1995).
“IV In Rockwell v Crestwood School Dist Bd of Ed, *489 393 Mich 616 ; 227 NW2d 736 (1975), the Supreme Court held that public employers can discipline or discharge public employees for engaging in an illegal strike pursuant to §6 of the pera, MCL 423.206; MSA 17.455(6), even if…”
— Mich. Comp. Laws § 423.206(2) — 1 case
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