Michigan Compiled Laws

Mich. Comp. Laws § 423.3 (2026)

Employment relations commission; creation; appointment, qualifications, and terms of commissioners.

✓ current as of July 2026

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EMPLOYMENT RELATIONS COMMISSION

Act 176 of 1939

423.3 Employment relations commission; creation; appointment, qualifications, and terms of commissioners.

Sec. 3.

The employment relations commission is created within the department of labor. The commission consists of 3 commissioners appointed by the governor, with the advice and consent of the senate. A commissioner shall be a citizen of the United States and a resident of the state, and shall have been a qualified elector in the state for a period of at least 5 years next preceding appointment. Members of the commission shall be selected so as to insure that not more than 2 members represent any one political party. Each commissioner shall be appointed for a term of 3 years.

History: 1939, Act 176, Imd. Eff. June 8, 1939 ;-- CL 1948, 423.3 ;-- Am. 1969, Act 202, Eff. Mar. 20, 1970 ;-- Am. 1976, Act 17, Imd. Eff. Feb. 20, 1976

Compiler's Notes:

For the transfer of the employment relations commission from the department of licensing and regulatory affairs to the department of labor and economic opportunity, see E.R.O. No. 2019-3, compiled at MCL 125.1998.

TransferOfPowers Notes:

See MCL 16.481.

Notes of Decisions

Cited in 7 cases (1 in the last 5 years), 1969–2023 · leading case: City of Detroit v. Detroit Police Officers Ass'n, 294 N.W.2d 68 (Mich. 1980).

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City of Detroit v. Detroit Police Officers Ass'n, 294 N.W.2d 68 (Mich. 1980). · cites it 2× “[54] The city contends, in part, that exercise of the § 5 peremptory strike of each § 4 delegate against the MERC nominees is no more than a hollow contrivance aimed at sustaining the impression that the alleged accountability deficiencies of the original scheme have been…”

Civil Serv. Comm'n v. Dep't of Labor, 384 N.W.2d 728 (Mich. 1986). · cites it 2× “[124] MCL 423.3; MSA 17.454(3), MCL 423.23(3); MSA 17.”

Detroit Fire Fighters Assoc. v. City of Detroit, 293 N.W.2d 278 (Mich. 1980). “3 See MCL 423.3; MSA 17.454(3). 4 See MCL 423.210; MSA 17.”

Regents of Univ. of Michigan v. Labor Mediation Bd., 171 N.W.2d 477 (Mich. Ct. App. 1969). “Defendant, Labor Mediation Board, is a state administrative agency created by PA 1939, No 176, ás amended, ‘(MOLA § 423.3 [Stat Ann 1968 Rev § 17.454(3)]).”

Van Buren Educ. Assoc mea/nea v. Van Buren Pub. Schs. (Mich. Ct. App. 2023). · cites it 3× “” MCL 423.3. “A vacancy in the board shall not impair the right of the remaining commissioners to exercise all the powers of the commission.”

Bd. of Control of E. Michigan Univ. v. Labor Mediation Bd., 171 N.W.2d 471 (Mich. Ct. App. 1970). “Defendant is an unincorporated state administrative agency created by PA 1939, No 176, as amended, MOLA § 423.3 (Stat Ann 1968 Rev § 17.454[3]). The university employs academic and nonacademic personnel.”

Afscme Council 25 Local 1583 v. James Yunkman (Mich. Ct. App. 2015). “The MERC 1 The MERC was “created within the department of labor” under the authority of MCL 423.3, which is part of Michigan’s labor mediation act, MCL 423.”

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