423.201. Definitions; rights of public employees | Statutes | Westlaw

(a) “Bargaining representative” means a labor organization recognized by an employer or certified by the commission as the sole and exclusive bargaining representative of certain employees of the employer.

(b) “Commission” means the employment relations commission created in section 3 of 1939 PA 176, MCL 423.3.

(c) “Intermediate school district” means that term as defined in section 4 of the revised school code, 1976 PA 451, MCL 380.4.

(d) “Lockout” means the temporary withholding of work from a group of employees by shutting down the operation of the employer to bring pressure upon the affected employees or the bargaining representative, or both, to accept the employer's terms of settlement of a labor dispute.

(e) “Public employee” means, except as otherwise provided in subdivisions (f) and (g), an individual holding a position by appointment or employment in the government of this state, in the government of 1 or more of the political subdivisions of this state, in the public school service, in a public or special district, in the service of an authority, commission, or board, or in any other branch of the public service * * *. Public employee includes an individual serving as a graduate student research assistant or in an equivalent position.

(f) An individual employed by a private organization or entity who provides services under a time-limited contract with this state or a political subdivision of this state or who receives a direct or indirect government subsidy in * * * the individual's private employment is not an employee of this state or that political subdivision, and is not a public employee. This provision * * * supersedes any interlocal agreement, memorandum of understanding, memorandum of commitment, or other document similar to these.

(g) * * * A student participating in intercollegiate athletics on behalf of a public university in this state * * * is not a public employee entitled to representation or collective bargaining rights under this act.

(h) “Public school academy” means a public school academy or strict discipline academy organized under the revised school code, 1976 PA 451, MCL 380.1 to 380.1852.

(i) “Public school employer” means a public employer that is any of the following:

(j) “School district” means that term as defined in section 6 of the revised school code, 1976 PA 451, MCL 380.6, or a local act school district as defined in section 5 of the revised school code, 1976 PA 451, MCL 380.5.

(k) “Strike” means the concerted failure to report for duty, the willful absence from one's position, the stoppage of work, or the abstinence in whole or in part from the full, faithful, and proper performance of the duties of employment for the purpose of inducing, influencing, or coercing a change in employment conditions, compensation, or the rights, privileges, or obligations of employment. For employees of a public school employer, strike also includes an action described in this subdivision that is taken for the purpose of protesting or responding to an act alleged or determined to be an unfair labor practice committed by the public school employer.