Michigan Laws 290.713 – “Bargaining” defined; accredited association as exclusive representative; negotiations; notice
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Terms Used In Michigan Laws 290.713
- Accredited association: means an association accredited in accordance with this act. See Michigan Laws 290.702
- Agricultural commodity: means all perishable fruits and vegetables as defined by the department. See Michigan Laws 290.702
- Association: means a cooperative association of producers or a division thereof, or a federation of cooperative associations of producers, engaged in the marketing, bargaining, shipping, or processing of an agricultural commodity on behalf of its members who are producers of the agricultural commodity. See Michigan Laws 290.702
- bargaining: means the mutual obligation of a handler and an accredited association or their designated representatives to meet at reasonable times and confer and negotiate in good faith. See Michigan Laws 290.713
- Department: means the department of agriculture and rural development. See Michigan Laws 290.702
- Handler: means a person other than an association engaged in the business or practice of any of the following:
(i) Acquiring agricultural commodities from producers or associations for processing or sale. See Michigan Laws 290.702Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
(1) As used in this act, “bargaining” means the mutual obligation of a handler and an accredited association or their designated representatives to meet at reasonable times and confer and negotiate in good faith. The obligation does not require either party to agree to a proposal or to make a concession. An accredited association is the exclusive representative of all producers in the bargaining unit for the purpose of bargaining with all handlers that purchase the agricultural commodity produced in the bargaining unit. Negotiations may include all terms relative to trading between handlers and producers of the agricultural commodity such as the following:
(a) Prices and related terms of sale.
(b) Quality specifications.
(c) Quantity to be marketed.
(d) Transactions involving products and services utilized by 1 party and provided to the other party.
(2) The parties shall notify the department of the commencement of negotiations.