HOUSE BILL NO. 4232

March 09, 2023, Introduced by Reps. Brenda Carter, Neeley, Rheingans, Brixie, Byrnes, Hoskins, Grant, Scott, Morse, Edwards, Morgan, Wilson, Tsernoglou, Hood, Fitzgerald, Dievendorf, Mentzer, O'Neal, Price, Andrews, Brabec, Stone, Steckloff, Conlin, Tyrone Carter, Skaggs, Young, Liberati, Martus, MacDonell, Koleszar, Snyder, Shannon, Puri, Rogers, Haadsma, Glanville, Miller, Coleman, Aiyash and Whitsett and referred to the Committee on Labor.

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; to make appropriations; and to prescribe means of enforcement and penalties for violations of this act,"

by amending section 16 (MCL 423.16).

the people of the state of michigan enact:

Sec. 16. It shall be unlawful for an An employer or any an officer or agent of an employer (1) to interfere shall not do any of the following:

(a) Interfere with, restrain, or coerce employees in the exercise of their rights guaranteed in section 8. ; (2) to initiate

(b) Initiate, create, dominate, contribute to, or interfere with the formation or administration of , any a labor organization. : Provided, That This subdivision does not prohibit an employer shall not be prohibited from permitting allowing employees to confer with him the employer during working hours without loss of time or pay. ; (3) to discriminate

(c) Discriminate in regard to hire, hiring, terms, or other conditions of employment in order to encourage or discourage membership in any a labor organization. ; (4) to encourage

(d) Encourage membership in, or initiate, create, dominate, or contribute to, a company union. ; (5) to discriminate

(e) Discriminate against any an employee because he the employee has given testimony or instituted a proceeding under this act. ; or (6) to refuse

(f) Refuse to bargain collectively with the a representative of his the employer's employees, subject to the provisions of section 26.

(g) Offer or grant the status of permanent replacement employee to an individual for performing bargaining unit work for the employer during a labor dispute.

(h) Offer or grant an individual an employment preference because the individual was employed or indicated a willingness to be employed during a labor dispute over an individual who meets all of the following requirements:

(i) Was an employee of the employer at the commencement of the labor dispute.

(ii) Exercised the right to join, assist, or engage in other concerted activities for the purpose of collective bargaining or other mutual aid or protection through the labor organization involved in the labor dispute.

(iii) Is working for, or has unconditionally offered to return to work for, the employer.