Michigan Laws 423.9a – Election in case of impending strike; conduct and supervision; time; persons entitled to vote; secret ballot; place; rules; absentee voting; hearing on eligibility to vote; determination
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Terms Used In Michigan Laws 423.9a
- Commission: means the employment relations commission created by section 3. See Michigan Laws 423.2
- Contract: A legal written agreement that becomes binding when signed.
- Employee: includes any employee, and is not limited to the employees of a particular employer, unless the act explicitly provides otherwise, and includes any individual whose work has ceased as a consequence of, or in connection with, any current labor dispute or because of any act that is illegal under this act, and who has not obtained any other regular and substantially equivalent employment, but does not include any individual employed as an agricultural laborer, or in the domestic service of any family or any person at his home, or any individual employed by his parent or spouse, or any individual employed as an executive or supervisor, or any individual employed by an employer subject to the railway labor act, 45 USC 151 to 188, or by any other person who is not an employer as defined in this act. 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
- in writing: shall be construed to include printing, engraving, and lithographing; except that if the written signature of a person is required by law, the signature shall be the proper handwriting of the person or, if the person is unable to write, the person's proper mark, which may be, unless otherwise expressly prohibited by law, a clear and classifiable fingerprint of the person made with ink or another substance. See Michigan Laws 8.3q
- 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
- Person: includes an individual, partnership, association, corporation, business trust, labor organization, or any other private entity. 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.
If it becomes apparent to the commission that there is no reasonable probability of settlement of a labor dispute by mediation and that further efforts to that end would be without avail, there shall be held in the case of an impending strike, an election upon such issue which election shall be conducted and supervised by the commission, or by its duly authorized representative. If either party to the dispute notifies the commission in writing, a copy of which shall at the same time be served on the other party, that, in the opinion of such party, further efforts to settle the dispute by mediation would be without avail, the commission may cause an election to be held within 10 days after the receipt of the notice unless it is not practicable to hold the election within that period, in which event the election shall be held within 20 days after receipt of the notice. Every employee in the bargaining unit, which is involved in the dispute, as that bargaining unit is determined under section 9e or as recognized by the employer or as identified by contract or past practice, shall be entitled to vote in the election. The election shall be by secret ballot, and shall be held on the premises where those voting are employed unless the commission shall determine that the election cannot be fairly held there, in which case it shall be held at such place as the commission shall determine. The commission may promulgate rules as necessary to effectively conduct any election, including provisions for absentee voting. The provisions shall facilitate voting by all employees, and shall insure secrecy of the ballot. The commission may determine after proper hearing any disputed issue concerning the eligibility of a person or persons to vote in the election. The hearing may be held either before or after an election and may be conducted by an authorized representative of the commission. A determination with respect to eligibility shall be applicable in the administration of this section, but shall not have force and effect for any other purpose under this act.