Michigan Laws 423.212 – Collective bargaining representative; petition; investigation; notice; hearing; election by secret ballot; certification of results; consent election
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When a petition is filed, in accordance with rules promulgated by the commission:
(a) By a public employee or group of public employees, or an individual or labor organization acting in their behalf, alleging that 30% or more of the public employees within a unit claimed to be appropriate for such purpose wish to be represented for collective bargaining and that their public employer declines to recognize their representative as the representative defined in section 11, or assert that the individual or labor organization, which is certified or is being currently recognized by their public employer as the bargaining representative, is no longer a representative as defined in section 11; or
Terms Used In Michigan Laws 423.212
- Bargaining representative: means a labor organization recognized by an employer or certified by the commission as the sole and exclusive bargaining representative of certain employees of the employer. See Michigan Laws 423.201
- Commission: means the employment relations commission created in section 3 of 1939 PA 176, MCL 423. See Michigan Laws 423.201
- Public employee: means , except as otherwise provided in subdivisions (f) and (g), an individual holding a position by appointment or employment in the government of this state, in the government of 1 or more of the political subdivisions of this state, in the public school service, in a public or special district, in the service of an authority, commission, or board, or in any other branch of the public service. See Michigan Laws 423.201
(b) By a public employer or his representative alleging that 1 or more individuals or labor organizations have presented to him a claim to be recognized as the representative defined in section 11; The commission shall investigate the petition and, if it has reasonable cause to believe that a question of representation exists, shall provide an appropriate hearing after due notice. If the commission finds upon the record of the hearing that such a question of representation exists, it shall direct an election by secret ballot and shall certify the results thereof. Nothing in this section shall be construed to prohibit the waiving of hearings by stipulation for the purpose of a consent election in conformity with the rules of the commission.