Michigan Workers Right to Protest – Can They Force a Change in Business Strategy?

Michigan Workers Right to Protest – Can They Force a Change in Business Strategy?

May 23, 2024 | Blog, Know Your Rights, Michigan Laws

Michigan Workers and the Right to Protest: Can They Force a Change in Business Strategy?

The ever-evolving economic landscape can create friction between Michigan workers and their employers. Workers may find themselves at odds with company strategies or investments, leading to protests aimed at forcing a change. But what legal rights do these workers have, and can they truly compel an alteration in business direction?

The National Labor Relations Act (NLRA) Framework

The foundation for worker protest rights in Michigan lies in the National Labor Relations Act (NLRA) of 1935. This federal law guarantees workers the right to engage in “concerted activities” for the purpose of “collective bargaining or other mutual aid or protection.” However, the NLRA doesn’t grant a blank check for protest.

The key lies in the distinction between protected and unprotected activities.

Protected Protests: When Workers Have a Voice

Protected protests focus on issues directly related to the terms and conditions of employment, which are core subjects of collective bargaining. Examples include strikes or rallies over:

Wages and Benefits: Negotiations for fairer pay, improved health insurance plans, or additional paid time off fall under this category.

Job Security: Protests against layoffs, plant closures, or outsourcing of jobs directly impact job security, a core bargaining right. The seminal case, NLRB v. Mackay Radio & Telegraph Co. (1938) [URL nlrb v mackay radio & telegraph co 1938 ON Cornell University law.cornell.edu], established the right to strike over unfair labor practices that threaten job security.

Working Conditions: Protests concerning safety standards, excessive overtime, or unfair disciplinary actions are protected activities.

APPEALS in STATE or FEDERAL COURT
When you need to appeal a decision you feel is wrong.
Call Komorn Law  (248) 357-2550

Unprotected Protests: When Business Decisions Hold Sway

Protests targeting broader business decisions, such as:

Plant Closures or Relocations: These decisions often involve complex economic factors beyond just labor costs. The NLRB v. Babcock & Wilcox Co. (1956) case exemplifies this.

Here, the closure was deemed outside the scope of mandatory bargaining as it wasn’t solely motivated by labor costs.

Product Development: Worker protests against specific product lines or company investments fall outside the scope of core bargaining rights.

Strategies for Effective Protests, Even When Business Strategy Reigns Supreme

While forcing a change in business strategy might be challenging, effective worker protests can still achieve significant results:

Focus on Core Bargaining Rights: Frame protests around the impact of the business decision on wages, benefits, or job security.

Negotiate with Management: Open communication with management can unearth underlying reasons for the decision and explore possible alternatives.

Union Strength: Unionized workers have greater leverage in negotiations and may have more protected activity under collective bargaining agreements.

Public Pressure: Utilize media outreach to raise awareness about the impact of the decision on workers and the local economy.

Political Advocacy: Lobby representatives to push for policies that protect worker interests in plant closures or relocations.

or just quit and go work at the record store.

Here are some of the laws in Michigan regarding employment relations…enjoy.

MCL – Act 176 of 1939

EMPLOYMENT RELATIONS COMMISSION
Act 176 of 1939
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.
The “People” of the State of Michigan enact:
Document Type Description
Section 423.1 Section Declaration of public policy.
Section 423.2 Section Definitions.
Section 423.3 Section Employment relations commission; creation; appointment, qualifications, and terms of commissioners.
Section 423.4 Section Employment relations commission; oath of commissioners; vacancies; chairman; removal; quorum; seal.
Section 423.5 Section Employment relations commission; compensation and expenses of commissioners and employees.
Section 423.6 Section Repealed. 1978, Act 250, Imd. Eff. June 20, 1978.
Section 423.7 Section Employment relations commission; principal office; office space; rules.
Section 423.7a Section Employment relations commission; conducting business at public meeting; notice of meeting; availability of certain writings to public.
Section 423.8 Section Employees; rights.
Section 423.9 Section Prerequisites for strike or lockout; notice of dispute and statement of issues; mediation.
Section 423.9a Section 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.
Section 423.9b, 423.9c Section Repealed. 1978, Act 250, Imd. Eff. June 20, 1978.
Section 423.9d Section Voluntary arbitration; existing collective agreement as binding on parties; agreement to arbitrate; designation of arbitrator; expense of arbitration; enforcement of agreement; hearings; notice; procedure; transcript; findings; opinion and award; enforcement of award.
Section 423.9e Section Bargaining unit.
Section 423.9f Section Mass picketing; threats or force, picketing private residence, misdemeanor.
Section 423.9g Section Copy or statement of most recent offer submitted by employer to bargaining unit.
Section 423.10 Section Steps by commission to effect settlement.
Section 423.11 Section Hearings; witnesses; oaths; evidence; subpoena; order requiring appearance; contempt; service of process or papers; proof of service.
Section 423.12 Section Disqualification of commissioner.
Section 423.13-423.13g Section Repealed. 1978, Act 250, Imd. Eff. June 20, 1978.
Section 423.14 Section Collective bargaining agreement between employer and labor organization; sharing of financial support of labor organization; payment of dues; condition of employment; appropriation.
Section 423.15 Section Unlawful possession of property; penalty.
Section 423.16 Section Company unions; interference with unions and discrimination prohibited.
Section 423.17 Section Prohibited conduct; violation; civil fine.
Section 423.17a Section Unlawful picketing to force recognition or bargain with labor organization.
Section 423.19 Section Liberal construction of act; police powers.
Section 423.20 Section Expenses paid from legislated appropriations.
Section 423.22 Section Unlawful acts; legal or equitable remedy.
Section 423.22a Section Repealed. 1949, Act 230, Imd. Eff. May 31, 1949.
Section 423.23 Section Review of rulings or orders by supreme court; exceptions; violations of certain provisions as unfair labor practices; remedies; procedures.
Section 423.24 Section Conspiracy; penalty.
Section 423.25 Section Written findings as to matters in disagreement; availability of writings to public.
Section 423.25a Section Confidential information.
Section 423.26 Section Collective bargaining representatives; duties; grievances by individual employee; adjustment.
Section 423.27 Section Petition as to representation; investigation; hearing; election.
Section 423.28 Section Determination of appropriate unit for collective bargaining.
Section 423.29 Section Directing election in bargaining unit; eligibility to vote; rules; rerun and runoff elections; election on petition of persons not parties to collective bargaining agreement.
Section 423.30 Section Duty to bargain; collective bargaining, definition.

Conclusion

While Michigan law protects worker protest rights, there’s a fine line between influencing company strategy and exceeding the boundaries of protected activity. By focusing on core bargaining rights, employing strategic protest tactics, and understanding the legal framework, Michigan workers can effectively advocate for their interests. But can also hear the words… You’re fired. We are moving overseas.

Consulting with legal counsel specializing in labor law is crucial when navigating the complexities of protest rights and business decision-making.

In the FEDERAL COURT SYSTEM
When you need to go on the offense – to put the prosecution on defense
Komorn Law (248) 357-2550.

Carjacking is a Federal Offense

Carjacking is a Federal Offense

May 21, 2024 | Blog, Driving, Federal Laws, Supreme Court

Carjacking is a Federal Offense

Carjacking, the act of forcibly stealing an occupied vehicle, has long been a concern for public safety. It was a local and state issue until a series of violent incidents in the early 1990s that carjacking became a federal offense. 

Background of the Law

The term “carjacking” entered the American lexicon in the late 20th century, but the act itself is as old as automobiles. It wasn’t until the Federal Anti-Car Theft Act of 1992 (FACTA) that carjacking was recognized as a distinct federal crime. The law was enacted in response to a spate of violent carjackings, some of which resulted in the deaths of victims. Congress aimed to address this violent crime that often crossed state lines, making it a matter of federal concern.

APPEALS in STATE or FEDERAL COURT
When you need to appeal a decision you feel is wrong.
Call Komorn Law  (248) 357-2550

Current Law

The current federal statute, 18 U.S.C. § 2119, defines carjacking as the taking of a motor vehicle from another person “by force and violence or by intimidation” with the vehicle having been transported in interstate or foreign commerce. 

The law has been amended since its inception to include provisions for cases where serious bodily injury or death results from the carjacking, with penalties ranging from fines to life imprisonment, or even the death penalty in the most severe cases.

The carjacking statute, 18 U.S.C. § 2119, which originally became effective on October 25, 1992, provided in relevant part:

Whoever, possessing a firearm … takes a motor vehicle that has been transported, shipped, or received in interstate or foreign commerce from the person or presence of another by force and violence or by intimidation, or attempts to do so, shall þ (1) be fined under this title or imprisoned not more than 15 years or both; (2) if serious bodily injury results, be fined under this title or imprisoned not more than 25 years, or both; and (3) if death results, be fined under this title or imprisoned for any number of years up to life, or both.

    On September 13, 1994, § 2119 was amended to read as follows:

    Whoever, with intent to cause death or serious bodily harm takes a motor vehicle that has been transported, shipped, or received in interstate or foreign commerce from the person or presence of another by force and violence or by intimidation, or attempts to do so, shall (1) be fined under this title or imprisoned not more than 15 years or both, (2) if serious bodily injury results, be fined under this title or imprisoned not more than 25 years, or both, and (3) if death results, be fined under this title or imprisoned for any number of years up to life, or both or sentenced to death (emphasis added to highlight the 1994 changes to the statute).

     

    Prosecutorial Trends

    Despite the stringent laws, there has been a noticeable decline in the number of carjacking cases prosecuted at the federal level in recent years. Several factors contribute to this trend. One significant hurdle is the requirement for prosecutors to prove beyond a reasonable doubt that the defendant intended to cause serious bodily harm or death. This intent requirement sets a high bar for federal charges and is not a prerequisite at the state level, where most carjacking cases are prosecuted.

    Conclusion

    In summary, while carjacking remains a serious offense under federal law, the challenges of proving intent and the intricacies of prosecutorial decision-making have led to fewer federal charges in recent years. The focus has shifted towards state-level prosecutions, where the legal requirements may be less stringent, and the practicalities of bringing a case to trial are more manageable. The evolution of carjacking laws reflects a balance between the need for harsh penalties for violent crimes and the realities of legal practice.

    In the FEDERAL COURT SYSTEM
    When you need to go on the offense – to put the prosecution on defense
    Komorn Law (248) 357-2550.

    THC Associated with Increase of Survival Time in Palliative Cancer

    THC Associated with Increase of Survival Time in Palliative Cancer

    May 20, 2024 | Blog, Medical Marijuana, Science, USA news

    Summary from the official government website (Link Below)

    The Use of Tetrahydrocannabinol Is Associated with an Increase in Survival Time in Palliative Cancer Patients: A Retrospective Multicenter Cohort Study

    The study, conducted by researchers in Germany, analyzed data from the palliative treatment documentation of over 9,000 patients from five ambulatory palliative care teams. The researchers divided the patients into three groups: those who did not receive THC, those who received a low dose of THC (less than or equal to 4.7mg per day), and those who received a higher dose of THC (greater than or equal to 4.7mg per day). They then compared survival rates between the groups.

    The analysis revealed that THC use was associated with a statistically significant increase in survival time, but only for patients who received a daily dose exceeding the median amount of 4.7mg. In this group, patients lived an average of 15 days longer compared to those who did not receive THC.

    APPEALS in STATE or FEDERAL COURT
    When you need to appeal a decision you feel is wrong.
    Call Komorn Law      (248) 357-2550

    Key takeaway: This study suggests that THC may offer a survival benefit for ambulatory palliative care patients, but only at higher doses. More research is needed to confirm these findings and to explore the underlying mechanisms.

    Additional considerations:

    • The study was observational and cannot definitively prove that THC caused the observed increase in survival time. Other factors may have played a role.
    • The optimal dosage of THC for palliative care patients is still being investigated.
    • THC use can have side effects, and it is important to weigh the potential risks and benefits when considering it as a treatment option.

    Further readings:

    Source: NIH

    In the FEDERAL COURT SYSTEM
    When you need to go on the offense – to put the prosecution on defense
    Komorn Law (248) 357-2550.

    Can I be arrested for DUI riding my bike high in Michigan?

    Can I be arrested for DUI riding my bike high in Michigan?

    May 18, 2024 | Blog, Driving, Michigan Laws

    Recreational Cannabis is “legal” in Michigan.

    Can I be arrested for riding my bike high in Michigan?

    First… What is the definition of a bicycle?

    MCL 257.4 defines a “bicycle” as:

    “…a device propelled by human power upon which a person may ride, having either 2 or 3 wheels in a tandem or tricycle arrangement, all of which are over 14 inches in diameter.”

    Does a bicyclist have to obey the same traffic laws as a motorist?

    Yes, with exceptions.  MCL 257.657 states:

    “Each person riding a bicycle…upon a roadway has all of the rights and is subject to all of the duties applicable to the driver of a vehicle by this chapter, except as to special regulations in this article and except as to the provisions of this chapter which by their nature do not have application.”

    Can you be charged with a DUI or biking high while riding your bicycle?

    No. Although it is dangerous to ride while intoxicated, a bicycle is not a motor vehicle according to state law. DUI applies only to motor vehicle operators.

    Other laws will be weaponized against you however, such as disorderly conduct.

    DUI Charges?
    Sometimes it’s cheaper in the long run to fight them
    Call to Fight for your Rights (248) 357-2550

    By the way…

    Is it legal to use a cell phone or text while riding a bicycle?

    Only if the cell phone is in hands-free mode. MCL 257.661 states:

    “A person operating a bicycle…shall not carry any package, bundle, or article that prevents the driver from keeping both hands upon the handlebars of the vehicle.”

    Here is a link to some bike specific Michigan Laws

    The Michigan Point System

    Each traffic violation has a point value, which is set by law in the Michigan Vehicle Code.

    Read about it here

    Traffic FAQs – Traffic Crashes & Reports

    Traffic FAQs – Traffic Crashes & Reports

    May 17, 2024 | Blog, Driving, Michigan Laws

    Traffic FAQs – Traffic Crashes & Reports

    • Know the laws if you get pulled over.
    • Know who to call if you need legal defense if a violation turns into a DUI or worse. That would be us.

    Traffic Crashes & Reports

    Beginning in July 2005, the State of Michigan launched a new website dedicated to online purchasing of traffic crash reports.

    Interested parties may be able to purchase a copy of a traffic crash report taken by any Michigan law enforcement agency.

    Traffic Crash Purchasing System

    Question: I was involved in a traffic crash in the past and need a copy of the report. Where can I obtain one?

    Answer: Interested parties such as individuals involved in the crash and/or their attorney, and insurance companies should contact the Traffic Crash Purchasing System(TCPS) via the internet at the aforementioned link. If unable to do so you can contact the Michigan State Police Post that responded to the crash. A listing of state police posts is follows.

    State Police Posts

    Each post retains traffic crash reports for the current year plus two years. If the crash occurred prior to that you must request a copy of the report from the Criminal Justice Information Center using a Freedom of Information Request form.

    In addition, if you are not an interested party as described above, you must complete a Freedom of Information Request to obtain a specific traffic crash report.

    Complete the form with as much information as possible and mail to the address listed on the form.

    FOI Request

    If another agency other than the Michigan State Police responded and completed a crash report, you will need to contact that agency directly or utilize the TCP.

    DUI Charges?
    Sometimes it’s cheaper in the long run to fight them
    Call to Fight for your Rights (248) 357-2550

    The Michigan Point System

    Each traffic violation has a point value, which is set by law in the Michigan Vehicle Code.

    Read about it here

    Question:  What is a State of Michigan Traffic Crash Report (UD-10)?

    Answer: The State of Michigan Traffic Crash Report (UD-10) is a form that must be completed by law (MCL 257.622) on all reportable crashes. The report is completed by all law enforcement agencies and is forwarded to the Michigan State Police for analysis for the purpose of furnishing statistical information and preparing compiled crash data.

    Here’s the law

    257.622 Report of accidents resulting in death, personal injury, or property damage; forms; analysis; use; retention.

    Sec. 622.

         The driver of a motor vehicle involved in an accident that injures or kills any person, or that damages property to an apparent extent totaling $1,000.00 or more, shall immediately report that accident at the nearest or most convenient police station, or to the nearest or most convenient police officer.
    The officer receiving the report, or his or her commanding officer, shall immediately forward each report to the director of the department of state police on forms prescribed by the director of the department of state police.
    The forms shall be completed in full by the investigating officer. The director of the department of state police shall analyze each report relative to the cause of the reported accident and shall prepare information compiled from reports filed under this section for public use.
    A copy of the report under this section and copies of reports required under section 621 shall be retained for at least 3 years at the local police department, sheriff’s department, or local state police post making the report.

    Disclaimer: This Frequently Asked Questions page is provided solely as a means of providing basic answers to questions about the Michigan Vehicle Code and is not designed or intended to provide a basis to contest a citation for a violation of the code. The positions stated are only those of the Michigan Department of State Police and are not binding on any other law enforcement agency or any Court. If our position is supported by case law then it will be enumerated within the answer provided. Source of Information – Traffic Laws FAQ