Bill Text: MI HB5024 | 2011-2012 | 96th Legislature | Introduced
Bill Title: Labor; fair employment practices; remedies for mass picketing; modify. Amends sec. 9f of 1939 PA 176 (MCL 423.9f).
Spectrum: Partisan Bill (Republican 5-0)
Status: (Introduced - Dead) 2012-01-31 - Referred To Second Reading [HB5024 Detail]
Download: Michigan-2011-HB5024-Introduced.html
HOUSE BILL No. 5024
September 28, 2011, Introduced by Reps. McMillin, Price, Shirkey, Haveman and Lyons and referred to the Committee on Oversight, Reform, and Ethics.
A bill to amend 1939 PA 176, entitled
"An act to create a commission relative to labor disputes, and to
prescribe its powers and duties; to provide for the mediation and
arbitration of labor disputes, and the holding of elections
thereon; to regulate the conduct of parties to labor disputes and
to require the parties to follow certain procedures; to regulate
and limit the right to strike and picket; to protect the rights and
privileges of employees, including the right to organize and engage
in lawful concerted activities; to protect the rights and
privileges of employers; to make certain acts unlawful; and to
prescribe means of enforcement and penalties for violations of this
act,"
by amending section 9f (MCL 423.9f).
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
9f. (1) It shall be unlawful (1) for any person or
persons
to hinder A person shall not
do any of the following:
(a)
Hinder or prevent by masspicketing, mass picketing,
unlawful threats, or force, the pursuit of any lawful work or
employment. ,
(2) to obstruct
(b) Obstruct or interfere with entrance to or egress from any
place
of employment. , (3) to obstruct
(c) Obstruct or interfere with free and uninterrupted use of
public roads, streets, highways, railways, airports, or other ways
of
travel or conveyance. , or (4) to engage
(d) Engage in picketing a private residence by any means or
methods
whatever. : Provided, That picketing, to the extent that
the
same is authorized under constitutional provisions, shall in no
manner
be prohibited. Violation of this section shall be a
misdemeanor
and punishable as such.The
prohibition in this
subdivision does not extend to picketing that is authorized under
the federal constitution or the state constitution of 1963.
(2) An employer or other person or entity that is subject to
an activity prohibited under subsection (1) may bring an action to
enjoin the prohibited activity in the circuit court for the county
in which the affected employer, person, or entity is located. A
court having jurisdiction of an action brought under this
subsection shall grant injunctive relief if the court finds that
any person, union, or organization has engaged or is engaging in
any of the conduct prohibited under subsection (1), without regard
to the existence of other remedies, demonstration of irreparable
harm, or other factors. The court shall award court costs and
reasonable attorney fees to a plaintiff who prevails in an action
brought under this subsection.
(3) Failure to comply with an order of the court issued under
this section may be punished as contempt.
(4) A person who violates subsection (1) and has previously
been enjoined for a violation of subsection (1) is subject to a
civil fine of $1,000.00 for each day of the violation. If a union
or organization continues to sponsor or assist in the prohibited
activity in violation of an injunction, the union or organization
is subject to a civil fine of $10,000.00 for each day of the
violation. The civil fine assessed under this subsection shall be
paid to the court, and upon a showing of damages to business sales,
business opportunities, or property, the employer, union,
organization, or other entity that was the subject of the activity
prohibited under subsection (1) shall be compensated from the
payment made to the court.
(5) An employer that is the subject of picketing may obtain
injunctive relief against picketers without a showing of
irreparable harm if the court finds the picketing to be in
violation of subsection (1).
