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
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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.

Department of Attorney General Prepares for MLEAC Accreditation

Department of Attorney General Prepares for MLEAC Accreditation

Dec 15, 2023 | Blog, Know Your Rights, Michigan Laws

LANSING – The Michigan Department of Attorney General (DAG) recently welcomed a team of assessors from the Michigan Law Enforcement Accreditation Commission (MLEAC).

The assessors came to examine all aspects of the Department’s compliance with the MLEAC standards in preparation for granting the Department MLEAC accreditation, Attorney General Dana Nessel announced.

The assessors examined the DAG Criminal Investigations Division’s policies and procedures, management, operations, and support services to verify the Department’s successful implementation of the 108 applicable law enforcement standards set by the MLEAC.

“The thorough assessment of our law enforcement policies and practices provides the Department with valuable insight that will help us achieve our goal of accreditation,” Nessel said.

“Every law enforcement agency should experience this kind of rigorous self-examination and third-party review. Accreditation will help us ensure we are providing the People of Michigan with the highest quality of law enforcement services.”

Of Michigan’s 577 law enforcement agencies, only 65 currently have full MLEAC accreditation. Michigan has 132 law enforcement agencies actively pursuing MLEAC accreditation.

The participating law enforcement entities encompass local, county, and state agencies, as well as tribal, college, and university agencies of varying sizes, with personnel ranging from three to over 300 full-time sworn officers.

DAG is the first state agency in Michigan to participate in this significant accreditation initiative. The Department’s participation represents a milestone and a significant step forward in its commitment to maintaining the highest standards of professionalism, ethics, and operational excellence.

The path to achieving that operational excellence began in March of 2022 when DAG joined the Michigan Law Enforcement Accreditation Program (MLEAP) and began its self-analysis period. During that time, DAG successfully developed and implemented more than 54 written directives, policies, and procedures to guide law enforcement actions based on MLEAC accreditation standards.

In addition, the Department successfully established more than 19 training programs and certifications that incorporate best practices within law enforcement.

“The mission of the Criminal Investigations Division involves protecting and defending the Constitutions of the United States and Michigan, enforcing laws, assisting local law enforcement, providing justice to crime victims, and providing for the safety and security of the People of Michigan,” said Division Chief Aubrey Sargent. “Earning accreditation status would underscore our dedication to excellence and showcase our unwavering focus on delivering top-tier services to our state’s residents whom we proudly serve.”

As a proactive and ongoing “health check” of an organization’s defined processes and their execution, MLEAC accreditation has a wealth of benefits for law enforcement agencies big and small. Accreditation supports a culture of continuous improvement in the way it allows a law enforcement agency to voluntarily commit to reviewing best practices and how they are applied. The accreditation process can identify areas of professional excellence and areas where organizational growth is needed.

Accreditation helps law enforcement agencies:

create and uphold standards that are in line with modern, professional law enforcement procedures;
boost the efficacy and efficiency of the services that they provide; and
set guidelines that address and reduce liability for the agency and its members.
By clearly defining organizational expectations, accreditation supports strong service delivery and creates sustainability during transitions. It also increases trust and transparency with those on an agency’s team as well as within the communities the agency serves.

MLEAC accreditation offers a well-defined framework that aids agencies in avoiding inconsistent standards and potential training gaps, mitigating challenges that may plague unaccredited agencies. Interested law enforcement agencies can learn more about the program and how to apply online.

DISCLAIMER
This post may contain re-posted content, opinions, comments, ads, third party posts, outdated information, posts from disgruntled persons, posts from those with agendas and general internet BS. Therefore…Before you believe anything on the internet regarding anything – do your research on Official Government and State Sites, Call the Michigan State Police, Check the State Attorney General Website and Consult an Attorney – Use Your Brain.

When Being Questioned by the Police: Can They Lie to You?

When Being Questioned by the Police: Can They Lie to You?

Dec 5, 2023 | Blog, Know Your Rights, Michigan Laws

When Being Questioned by the Police: Can They Lie to You?

Introduction

In the United States, police officers are generally allowed to lie to suspects during interrogations. This is a controversial practice, but it has been upheld by the Supreme Court. There are some exceptions to this rule, however, and it is important to know your rights if you are ever questioned by the police.

Can the police lie to you in Michigan?

In Michigan, police officers are allowed to lie to you during an interrogation, as long as their lies are not intended to coerce or trick you into making a false confession. This means that they can tell you things that are not true, such as that they have evidence against you or that they know someone who will testify against you. They can also make promises to you, such as that they will let you go if you confess.

Exceptions to the rule

There are a few exceptions to the rule that police officers can lie to you. For example, they cannot lie to you about your Miranda rights. Miranda rights are the warnings that police officers are required to give you before they question you. These warnings tell you that you have the right to remain silent, that you have the right to an attorney, and that anything you say can be used against you in court.

Police officers also cannot lie to you about the consequences of making a confession. For example, they cannot tell you that you will be released from jail if you confess, if this is not true.

What to do if you are questioned by the police

If you are questioned by the police, it is important to know your rights. You should remain silent and do not answer any questions until you have spoken to an attorney. You can also ask to leave the interrogation room at any time.

If you feel that the police are lying to you, you should tell them that you are not comfortable with their questioning and that you would like to speak to your attorney Michael Komorn.

Laws in Michigan

Here are some Michigan laws that relate to the questioning of suspects:

Know your rights

It is important to know your rights if you are ever questioned by the police. Police officers are allowed to lie to you in Michigan, but there are some exceptions to this rule. If you feel that the police are lying to you, you should tell them that you are not comfortable with their questioning and that you would like to speak to an attorney.

Are You Ever Allowed To Lie To The Police?

Of course not. You shouldn’t be talking to the police in the first place but if you’re talking, you’re doing something you shouldn’t be doing. As far as whether you can lie to the police, you can always be charged with obstruction. That’s why you’re always best to just not say anything at all.

Michigan law 750.479c – A person informed of criminal investigation by peace officer; prohibited conduct; violation; penalty; exception; definitions.

Police have some code of ethics like a lawyer or a judge. But it doesn’t say that they can’t trick you into confessing. They are trained to do that, and they will do it.

Be aware of phrasing when being questioned:

“Have you had anything to drink tonight?”
Best response is: NO

Where are you coming from? 
It is best to have this answer pre-prepared so as to not raise suspicion. You can also answer the Officer’s questions by stating “Respectfully officer, I don’t have to answer that.”

“Not answering is suspicious, why are you not answering my question, clearly you are doing something wrong?” 
Best Answer: “Officer, respectfully I am aware of my rights, and constitutional protections, and I know I have no legal obligation to answer your questions.

“Not answering is resisting me in this investigation”  
Best Answer: “I’m not resisting, respectfully, I don’t have to answer anything.”

“If you have nothing to hide, you don’t mind if I look around.” 
Best response: “I’m sorry Officer, but I don’t consent to searches.”

“If you refuse a search, I’ll have to call a K-9 unit.”
Best response: “Officer, are you detaining me, or am I free to go?” Officers cannot detain you past the purpose of the traffic stop and detaining you beyond this purpose is constitutionally illegal. Specifically officers cannot detain you beyond the traffic stop for the purpose of calling for a k-9 unit or drug sniffing dog.

Remember

  • Refusing to answer questions is not an admission of guilt.
  • Asserting your right to remain silent is not an admission of guilt.
  • Demanding to have your lawyer present during any questioning is not an admission of guilt.
  • Refusing a search is not an admission of guilt.

Related Links

DISCLAIMER
This post may contain re-posted content, opinions, comments, ads, third party posts, outdated information, posts from disgruntled persons, posts from those with agendas and general internet BS. Therefore…Before you believe anything on the internet regarding anything – do your research on Official Government and State Sites, Call the Michigan State Police, Check the State Attorney General Website and Consult an Attorney – Use Your Brain.

Ohio Bill Introduced to Allow Each City to Ban Marijuana

Ohio Bill Introduced to Allow Each City to Ban Marijuana

Nov 29, 2023 | Blog, Know Your Rights, Michigan Laws

With just over a week until Ohio’s voter-approved marijuana legalization law takes effect, a lawmaker has introduced a bill that would allow individual municipalities to locally ban the use and home cultivation of cannabis in their jurisdictions.

The legislation aims to modify the distribution of state marijuana tax revenue, specifically by decreasing funding allotted to social equity and jobs programs and redirecting it towards law enforcement training.

While Issue 2, approved by voters, specifically banned localities from prohibiting marijuana use, home cultivation, or scientific research, as well as imposing extra local taxes on cannabis products, the current bill aims to eliminate these crucial provisions, which could potentially result in a fragmented set of policies statewide.

Issue 2 currently grants municipalities the option to exclude new recreational cannabis companies from establishing themselves in their area. However, municipalities are unable to prevent existing medical marijuana enterprises from incorporating adult-use operations on-site, even if they express a desire to do so.

The bill as introduced would change how the state would need to appropriate cannabis tax revenue by adding two new funds: one for substance misuse and recovery services and another for law enforcement training.

You can follow the progress of the bill here.

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DISCLAIMER
This post may contain re-posted content, opinions, comments, ads, third party posts, outdated information, posts from disgruntled persons, posts from those with agendas and general internet debauchery. Therefore… before you believe anything on the internet regarding anything and everything – do your research on verified Official Government and State Sites, Call the State Police, Check the State Attorney General Website and Consult an Attorney – and then check it again.

Police found my friend’s drugs in my car-What do I do?

Police found my friend’s drugs in my car-What do I do?

Jan 20, 2023 | Blog, Educational, Know Your Rights, Michigan Laws

When you’re pulled over by the police and your friend throws their stash under your seat. Are they still your friend? That’s up to you. But at the moment you probably are going to take the fall, pay the price and have your life turned inside out and upside down. The justice system is hungry… and it eats money to keep it fat.

In Michigan, if drugs are discovered in your car, you as the driver are responsible for them. Under Michigan law it is assumed that you have control of any property that may be present inside your vehicle, you could be arrested and charged with possession.

While you cannot always control what a passenger brings into your vehicle, you can still get into trouble if they have an illegal substance on their person. Even if you are in possession of the illegal drugs, you can still be charged with constructive possession. 

To Consent or not to Consent

A police officer cannot search your car without either your consent or reasonable suspicion. If a search was conducted unlawfully, the evidence might be suppressed, which would be to your advantage and possibly lead to the drug case being dismissed.

Although they may do so without your consent, the best preventive measure is to never consent to a police search of your vehicle. But if they already have discovered a friend’s drugs in your car, it’s crucial that you remain silent and refuse to give any interviews or statements without your lawyer present.

Admit Nothing

The majority of the time, when police have reason to believe you knew drugs were in your car, it’s because you confessed to knowing. Don’t make any admissions!

Police frequently act as though they are trying to help you or even say things that will make you think that cooperating with them might be advantageous for you. Always keep in mind that the police are not your friends and that admitting that you were aware that drugs were present will not help your case.

Even if the drugs in your car actually belong to a friend and you had nothing to do with their possession, the police must link you to their possession in order to arrest you.

If you or someone you know has been accused of a crime, DUI or Drugged Driving. Call Komorn Law and turn your defense into an offense.
Call Now 248-357-2550

Don’t Take the Fall

Whether or not you knew that a friend’s drugs were in your car—and even if you didn’t—you could still be arrested. You must act to defend yourself because the drugs were discovered in a vehicle that is yours.

Prosecutors frequently hear the justification that “the drugs were someone else’s” because people are frequently stopped by police and claim that any drugs found in their vehicles were not theirs despite the fact that they were. “

The most crucial action you should take if the police find your friend’s drugs is to gather all the information and speak with an experienced Michigan criminal defense attorney.

Drug Possession and Criminal Defense Lawyer offers aggressive defense against DUI, Driving While High, Marijuana, Medical Marijuana and all criminal charges in Oakland County, Macomb County, Lapeer County, Washtenaw County, Ann Arbor, Birmingham, West Bloomfield, Grand Rapids, Lansing and The entire State of Michigan. Michigan.gov

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DISCLAIMER
This post may contain re-posted content, opinions, comments, ads, third party posts, outdated information, posts from disgruntled persons, posts from those with agendas, private stuff and general internet BS. Therefore…Before you believe anything on the internet regarding anything – do your research on “Official Government and State Sites”, Call the Michigan State Police, Check the State Attorney General Website and Consult an Attorney – Use Your Brain. You’re on the internet.