Michigan Compiled Laws

Mich. Comp. Laws § 423.4 (2026)

Employment relations commission; oath of commissioners; vacancies; chairman; removal; quorum; seal.

✓ current as of July 2026

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EMPLOYMENT RELATIONS COMMISSION

Act 176 of 1939

423.4 Employment relations commission; oath of commissioners; vacancies; chairman; removal; quorum; seal.

Sec. 4.

Commissioners shall qualify by taking and subscribing to the constitutional oath of office, and shall hold office until the appointment and qualification of their successors. Vacancies shall be filled in the same manner as is provided for appointment in the first instance for the remainder of the unexpired term. The governor shall designate 1 commissioner to serve as chairman of the commission. A commissioner may be removed by the governor for misfeasance, malfeasance, or nonfeasance in office, after hearing. A vacancy in the board shall not impair the right of the remaining commissioners to exercise all the powers of the commission. Two commissioners shall at all times constitute a quorum; but official orders shall require concurrence of a majority of the commission. The commission shall have an official seal of which courts shall take judicial notice.

History: 1939, Act 176, Imd. Eff. June 8, 1939 ;-- CL 1948, 423.4 ;-- Am. 1976, Act 17, Imd. Eff. Feb. 20, 1976

Notes of Decisions

Cited in 3 cases (1 in the last 5 years), 1976–2023 · 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…”

Crestwood Educ. Ass'n v. Emp. Relations Comm'n, 248 N.W.2d 266 (Mich. Ct. App. 1976). · cites it 2× “MCLA 423.4; MSA 17.454(4). The appellant urges a duty to provide a panel of three commissioners in all hearings before the MERC, citing constitutional and statutory authority which, it is claimed, mandates the Governor to insure that all cases are heard by three members.”

Van Buren Educ. Assoc mea/nea v. Van Buren Pub. Schs. (Mich. Ct. App. 2023). “” MCL 423.4. Appellant states that MERC issued the June 17, 2022 decision and order nearly one year after Commissioner Bob LaBrant’s term expired on June 30, 2021, thereby creating a vacancy on the Commission.”

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