PUBLIC EMPLOYMENT RELATIONS
Act 336 of 1947
423.212 Collective bargaining representative; petition; investigation; notice; hearing; election by secret ballot; certification of results; consent election.
Sec. 12.
When a petition is filed, in accordance with rules promulgated by the commission:
(a) By a public employee or group of public employees, or an individual or labor organization acting in their behalf, alleging that 30% or more of the public employees within a unit claimed to be appropriate for such purpose wish to be represented for collective bargaining and that their public employer declines to recognize their representative as the representative defined in section 11, or assert that the individual or labor organization, which is certified or is being currently recognized by their public employer as the bargaining representative, is no longer a representative as defined in section 11; or
(b) By a public employer or his representative alleging that 1 or more individuals or labor organizations have presented to him a claim to be recognized as the representative defined in section 11; The commission shall investigate the petition and, if it has reasonable cause to believe that a question of representation exists, shall provide an appropriate hearing after due notice. If the commission finds upon the record of the hearing that such a question of representation exists, it shall direct an election by secret ballot and shall certify the results thereof. Nothing in this section shall be construed to prohibit the waiving of hearings by stipulation for the purpose of a consent election in conformity with the rules of the commission.
History: Add. 1965, Act 379, Imd. Eff. July 23, 1965 ;-- Am. 1976, Act 18, Imd. Eff. Feb. 20, 1976
PopularName Notes:
Public Employment Relations
AdminRule Notes:
R 423.101 et seq. of the Michigan Administrative Code.
Notes of Decisions
Gibraltar Sch. Dist. v. Gibraltar Mespa-Transp., 505 N.W.2d 214 (Mich. 1993).
· cites it 2× “Section 12 of the act, MCL 423.212(b); MSA 17.455(12)(b), provides that when a petition for recognition of bargaining representation is filed with the commission: The commission shall investigate the petition and, if it has reasonable cause to believe that a question of…”
Smigel v. Southgate Cmty. Sch. Dist., 202 N.W.2d 305 (Mich. 1972).
· cites it 2× “Pursuant to § 12 of this act (MCLA 423.212; MSA 17.455[12]), [4] a petition was filed with the Michigan Labor Mediation Board which held a secret ballot election.”
Matter of Staff Employees, 281 N.W.2d 299 (Mich. 1979).
· cites it 4× “FACTS On December 27, 1977, Local 586, Service Employees International Union, AFL-CIO, pursuant to MCL 423.212; MSA 17.455(12), petitioned for an election among certain employees working at the Lansing offices of the Michigan Supreme Court.”
Hepler v. Dep't of Labor, 235 N.W.2d 161 (Mich. Ct. App. 1975).
“2 MCLA 423.212; MSA 17.455(12). 3 A significant portion of the MERC opinion is set out here for the convenience of the reader: "In the instant case the showing of interest documents submitted contained a number of signatures subscribed to the following language: T am in favor of…”
Sault Ste Marie Area Pub. Schs. v. Michigan Educ. Ass'n, 539 N.W.2d 565 (Mich. Ct. App. 1995).
“Marie Public Schools filed a petition in May 1993 for unit clarification pursuant to § 12 of the public employment relations act (pera), MCL 423.212; MSA 17.455(12). The petition requested that the merc rescind its April 3, 1991, order directing, on the basis of the workday…”
Oakland Cnty. v. Oakland Cnty. Deputy Sheriff's Ass'n, 765 N.W.2d 373 (Mich. Ct. App. 2009).
· cites it 2× “The union did not identify below, and has not identified on appeal, any law prohibiting an employer from seeking severance of a mixed bargaining unit. Against this backdrop, the MERC concluded that there was no basis under PERA or under Act 312 to hold that a covered employer…”
Abood v. Detroit Bd. of Educ., 431 U.S. 209 (1977).
· cites it 2× “§ 152 Fourth; and the right to secret-ballot representation elections, Mich. Comp. Laws § 423.212 (1970); see 29 U.”
Wayne Cnty. Library Bd. v. Wayne Cnty. Bd. of Commissioners, 259 N.W.2d 440 (Mich. Ct. App. 1977).
“On July 22, 1975, the Wayne County Supervisory Employees’ Association petitioned MERC, pursuant to § 12 of the public employment relations act (hereinafter referred to as PERA), MCLA 423.212; MSA 17.455(12), to add to its bargaining unit of supervisory employees a number of…”
Holland-West Ottawa-Saugatuck Consortium v. Holland Educ. Ass'n, 501 N.W.2d 261 (Mich. Ct. App. 1993).
“The merc found that neither act limited its jurisdiction to determine the public employer for bargaining purposes under MCL 423.212; MSA 17.455(12). On July 20, 1990, respondents filed a motion for a rehearing or to reopen the record, requesting a determination whether there was…”
City of Detroit v. Salaried Physicians Prof'l Ass'n, 418 N.W.2d 679 (Mich. Ct. App. 1987).
“MCL 423.212; MSA 17.455(12). The proposed bargaining unit was described as all full-time and regular part-time physicians employed by the city and providing patient services in the city’s family primary care health centers.”
— Mich. Comp. Laws § 423.212(a) — 3 cases
— Mich. Comp. Laws § 423.212(b) — 1 case
Gibraltar Sch. Dist. v. Gibraltar Mespa-Transp., 505 N.W.2d 214 (Mich. 1993).
“Section 12 of the act, MCL 423.212(b); MSA 17.455(12)(b), provides that when a petition for recognition of bargaining representation is filed with the commission: The commission shall investigate the petition and, if it has reasonable cause to believe that a question of…”
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