EMPLOYMENT RELATIONS COMMISSION
Act 176 of 1939
423.8 Employees; rights.
Sec. 8.
Employees may do any of the following:
(a) Organize together or form, join, or assist in labor organization; engage in lawful concerted activities for the purpose of collective negotiation or bargaining or other mutual aid and protection; or negotiate or bargain collectively with their employers through representatives of their own free choice.
(b) Refrain from any or all of the activities identified in subdivision (a).
History: 1939, Act 176, Imd. Eff. June 8, 1939 ;-- CL 1948, 423.8 ;-- Am. 2012, Act 348, Eff. Mar. 28, 2013
Compiler's Notes:
Enacting section 1 of Act 348 of 2012 provides:
"Enacting section 1. If any part or parts of this act are found to be in conflict with the state constitution of 1963, the United States constitution, or federal law, this act shall be implemented to the maximum extent that the state constitution of 1963, the United States constitution, and federal law permit. Any provision held invalid or inoperative shall be severable from the remaining portions of this act."
Notes of Decisions
Michigan State AFL-CIO v. Callaghan, 15 F. Supp. 3d 712 (E.D. Mich. 2014).
· cites it 10× “Mich. Comp. Laws § 423.8 . Elsewhere, PA 348 prohibits “condition[s] of obtaining or continuing employment” that require workers to refrain from joining or supporting a labor organization, to join or remain a member of a labor organization, pay dues or anything of value to a…”
Cortez v. Ford Motor Co., 84 N.W.2d 523 (Mich. 1957).
“29 USCA, § 158; CL 1948, § 423.8, CLS 1954, §423.16 (Stat Ann 1950 .”
Gen. Teamsters Union, Local No. 406 v. Uptown Cleaners & Hatters, Inc., 97 N.W.2d 593 (Mich. 1959).
· cites it 2× “Plaintiff relies on section 8 of the statute (CL 1948, § 423.8 [Stat Ann 1950 Rev § 17.454(8)]) which reads as follows: "It shall be lawful for employees, to organize together or to form, join or assist in labor organization, to engage in lawful concerted activities for the…”
Jeanette v. Stadium Mgmt. Co, 323 N.W.2d 308 (Mich. Ct. App. 1982).
· cites it 2× “and recommended order issued by a hearing officer on November 16, 1976, finding that Edward Jeanette’s discharge from defendant’s employ was, at least in part, motivated by Jeanette’s concerted action to organize for improvement of wages, hours, and terms and conditions of…”
Mich. Emp. Rels. Comm. v. Kleen-o-rama, 230 N.W.2d 308 (Mich. Ct. App. 1975).
“MCLA 423.8; MSA 17.454(8). [3] Michigan Employment Relations Commission v Detroit Symphony Orchestra, Inc, 393 Mich 116, 124 ; 223 NW2d 283 (1974).”
Eglash v. Detroit Inst. of Tech., 134 N.W.2d 710 (Mich. 1965).
“*596 We also affirm the chancellor’s finding, made on denial of plaintiffs’ motion for new trial, that plaintiffs were not entitled to relief under section 8 of PA 1939, No 176 (CL 1948, § 423.8 [Stat Ann 1960 Bev §17.454(8)]) which guarantees employees the right to “engage in…”
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