Michigan Laws 423.9 – Prerequisites for strike or lockout; notice of dispute and statement of issues; mediation
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A strike or lockout shall not take place or be put into effect until and unless each of the steps are taken and the requirements complied with as follows:
(a) If the parties thereto are unable to settle any labor dispute, the employees or their representatives, in the case of impending strike, or the employer or his agent, in the case of an impending lockout, shall serve notice of the dispute together with a statement of the issues involved upon the commission and the other party to the dispute. The notice may be served personally on any member of the commission and a copy thereof personally served upon the other party, or sent by registered mail to the commission at a regularly established office thereof and to the employer or the representative of his employees at his regular address not less than 10 days before the strike or lockout is to become effective.
Terms Used In Michigan Laws 423.9
- Commission: means the employment relations commission created by section 3. See Michigan Laws 423.2
- Employer: means a person and includes any person acting as an agent of an employer, but does not include the United States or any corporation wholly owned by the United States; any federal reserve bank; any employer subject to the railway labor act, 45 USC 151 to 188; the state or any political subdivision thereof; any labor organization, or anyone acting in the capacity of officer or agent of such labor organization, other than when acting as an employer; or any entity subject to 1947 PA 336, MCL 423. See Michigan Laws 423.2
- labor dispute: include but are not restricted to any controversy concerning terms, tenure, or conditions of employment, or concerning the association or representation of employees in negotiating, fixing, maintaining, or changing terms or conditions of employment, regardless of whether the disputants stand in the proximate relation of employer and employee. See Michigan Laws 423.2
- Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
(b) Upon receipt of the notice the commission shall exercise the powers granted in this act to effect a settlement of the dispute by mediation between the parties. Each of the parties to the dispute shall actively and in good faith participate in the mediation thereof.