Michigan Compiled Laws

Mich. Comp. Laws § 423.27 (2026)

Petition as to representation; investigation; hearing; election.

✓ current as of July 2026

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EMPLOYMENT RELATIONS COMMISSION

Act 176 of 1939

423.27 Petition as to representation; investigation; hearing; election.

Sec. 27.

When a petition is filed, in accordance with rules prescribed by the commission:

(a) By an employee or group of employees, or an individual or labor organization acting in their behalf, alleging that 30% or more of the employees within a unit claimed to be appropriate for such purpose wish to be represented for collective bargaining and that their employer declines to recognize their representative as the representative defined in section 26, or assert that the individual or labor organization, which was certified or is being currently recognized by their employer as the bargaining representative, is no longer a representative as defined in section 26; or

(b) By an 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 26; 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 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 282, Imd. Eff. July 22, 1965 ;-- Am. 1976, Act 17, Imd. Eff. Feb. 20, 1976

AdminRule Notes:

R 423.101 et seq. of the Michigan Administrative Code.

Notes of Decisions

Cited in 4 cases, 1968–1989 · leading case: 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).

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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). “The petition asserted that thirty percent or more of the full- and part-time janitors and laborers employed by West-port Janitorial Service wished to be represented for purposes of collective bargaining and sought an election and certification of a union representative pursuant…”

Local Union 1106 v. Goodwill Indus. of Muskegon Cnty., Inc., 413 N.W.2d 67 (Mich. Ct. App. 1987). · cites it 2× “The petition asserted that thirty percent or more of the full- and part-time janitors and laborers employed by West-port Janitorial Service wished to be represented for purposes of collective bargaining and sought an election and certification of a union representative *419…”

State Barbers Union v. Barbers Union, 163 N.W.2d 684 (Mich. Ct. App. 1968). “” CL 1948, § 423.27 as amended by PA 1965, No 282 (Stat Ann 1968 Cum Supp § 17.”

ED DeVries & Sons v. Emp. Relations Comm'n, 195 N.W.2d 784 (Mich. Ct. App. 1972). · cites it 2× “MCLA 423.27 (a); MSA 17.454 (29)(a). In the present case “employee interest” petitions were submitted to the commission for two separate unions, General Teamsters Union, Local 406 and Operating Engineers, Local 324, each desiring to separately represent certain of plaintiff’s…”

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