*The answers provided are not meant to be a substitute for legal advice.
Page 1 of 6
Frequently Asked Employment Questions*
Updated 11/1/2017
What protection does an employee have from termination by his or her employer?
In general, an employer can discharge an employee for a good reason, bad reason, or no reason at all. An employee
may challenge his/her discharge if it was based on discriminatory action specifically protected by statute. For
example, an employer may not discriminate against an employee based on race, color, gender, religion, national
origin, disability, protected union activity, age, or any other “protected category.” If an employee belongs to a union,
he/she may have a contractual right to be discharged only for “just cause.” A union may challenge a discharge
pursuant to the grievance/arbitration provision of the collective bargaining agreement.
W
hich agency do I contact if my employer has discriminated against me based on such factors as my
race, age, religion, gender, national origin, or disability?
T
he Equal Employment Opportunity Commission is a federal agency that investigates alleged discrimination based
on “protected categories,” such as, race, color, religion, gender, national origin, pregnancy, disability, age of forty
years and older, and sexual harassment.
Equal Employment Opportunity Commission
Patrick V. McNamara Bldg.
477 Michigan Ave., Rm. 865
Detroit, MI 482
26
(313)
2
26-4610
(800)
6
69-4000
info@eeoc.gov
T
he Michigan Department of Civil Rights is a state agency that investigates claims of discrimination based on race,
color, religion, national origin, gender, age, marital status, height, weight, disability, arrest record, and other
protected categories.
Detroit Executive Office/Service Center Lansing Executive Office
Michigan Department of Civil Rights Capitol Tower Bldg.
3054 W. Grand Blvd., Ste. 3-600 110 W. Michigan Ave., Ste. 800
Detroit, MI 48202 Lansing, MI 48933
(313)
456
-3700 (517)
335
-3165
(800)
482
-3604
www.michigan.gov/mdcr
W
hich agency do I contact if I am having issues with my wages, overtime, or benefits?
T
he Department of Licensing and Regulatory Affairs (LARA) Wage and Hour Division handles issues relating
to the payment of wages and benefits, minimum wage, overtime, prevailing wage, and information regarding the
Human Trafficking Notification Act.
Detroit Office
Wage & Hour Division
Michigan Department of Licensing,
and Regulatory Affairs
3026 W. Grand Blvd., Ste. 9-450
Lansing Office
Wage & Hour Division
Michigan Department of Licensing,
and Regulatory Affairs
530 W. Allegan, Garden Level
Lansing, MI 48913
Detroit, MI 48202
(
855)
464
-9243 (855)
464
-9243
www.michigan.gov/wagehour
*The answers provided are not meant to be a substitute for legal advice.
Page 2 of 6
Which agency do I contact if I have an issue related to minimum wage, prevailing wage, overtime, break
time, hours of work, polygraphs, or the Family and Medical Leave Act?
T
he U.S. Department of Labor, Employment Standards Administration, Wage and Hour Division
administers federal laws related to minimum wage, prevailing wage, overtime, break time, hours of work,
polygraphs, and the Family and Medical Leave Act. The U.S. Department of Labor, Wage and Hour Division
maintains offices in Detroit and Grand Rapids.
Detroit District Office Grand Rapids Office
U.S. Dept. of Labor U.S. Dept. of Labor
ESA Wage & Hour Division ESA Wage & Hour Division
211 W. Fort St., Rm. 517 800 Monroe Ave., NW Ste. 315
Detroit, MI
48226-3237 Grand Rapids, MI 49503-1451
(313)
2
26-1447 (616)
4
56-2004
(866)
4
87-9243
W
hich agency do I contact if I want to file for unemployment insurance?
P
ersons wishing to file for unemployment insurance may contact the Unemployment Insurance Agency. To file
by phone, call (866) 500-0017. Employers wishing to contact the UIA may call (855) 484-2636. The UIA’s
web address is www.michigan.gov/uia
.
W
hich agency do I contact if I have issues relating to workplace safety or workplace injuries?
T
he Occupational Safety and Health Administration (OSHA), is a federal agency that regulates workplace
safety and health issues in the private sector. The OSHA assists employees outside of Michigan in states that do
not have a state health and safety program. The Michigan Occupational Safety and Health Administration
(MIOSHA), a DELEG agency, regulates safety and health issues in Michigan workplaces, as well as issues
concerning construction.
OSHA’s Michigan Office: MIOSHA
U.S. Department of Labor Michigan Dept. Licensing and Regulatory Affairs
Occupational Safety & Health Admin. Michigan Occupational Safety & Health Admin.
315 W. Allegan, Ste. 207 P.O. Box 30643
Lansing, MI 48933 Lansing, MI 48909
(517)
4
87-4996 (800)
8
66-4674
(517)
4
87-4997 (Fax) www.michigan.gov/miosha
www.osha.gov
An i
ndividual injured while working should contact his or her employer. If the issue remains unresolved,
the individual should contact LARA’s Workers’ Compensation Agency.
Mailing Address Main Office Location
Michigan Department of Licensing 2501 Woodlake Circle
and Regulatory Affairs Okemos, MI 48864
Workers’ Compensation Agency (888)
3
96-5041
P.O. Box 30016 www.michigan.gov/wca
Lansing, MI 48909
*The answers provided are not meant to be a substitute for legal advice.
Page 3 of 6
Is
there a law in Michigan that allows me to access and/or make copies of my personnel file?
T
he Bullard-Plawecki Employee Right to Know Act (commonly referred to as the “Right to Know Act”) is a law
that permits most employees to review personnel records; provides criteria for the review; prescribes the information
which may be contained in personnel records; and sets forth penalties for violations.
There is no state agency that enforces the Bullard-Plawecki Act; individuals should contact a private attorney
for assistance.
R
eferrals to private attorneys are available from the State Bar of Michigan at (800) 968-0738. Union
members may wish to contact their union representative.
*The answers provided are not meant to be a substitute for legal advice.
Pa
ge 4 of 6
Frequently Asked Questions About MERC/BER*
Updated 11/1/2017
Wha
t is the Bureau of Employment Relations?
The Bureau of Employment Relations (BER) is a state agency that provides administrative support to
the Michigan Employment Relations Commission (MERC). BER conducts elections to determine if
employees wish to be represented by a union and provides labor contract and grievance mediation.
BER also maintains a panel of neutral decision makers to conduct compulsory arbitration proceedings
for public safety personnel and fact finding proceedings for other public sector employees.
Ad
ministrative Law Judges, who are employees of the Michigan Administrative Hearings System
conduct hearings for MERC. ALJs hear union representation matters for the Commission; they also
issue recommended orders in unfair labor practice cases. Appeals of recommended orders are decided
by MERC.
What
is the Michigan Employment Relations Commission (MERC), and what laws does MERC
administer?
Th
e Michigan Employment Relations Commission (MERC) is an independent body, charged with
administering various laws governing labor-management relations. The Commission is comprised of
three members – one of whom is the designated chair. The principal statute administered by MERC
is the Public Employment Relations Act (PERA), which grants collective bargaining rights to public
employees and defines employer and union unfair labor practices. MERC also administers the Labor
Mediation Act -- a law governing labor relations for private sector employers and employees not
within the exclusive jurisdiction of the National Labor Relations Act. MERC has concurrent
jurisdiction with the Federal Mediation and Conciliation Service over mediation functions in the
private sector. Finally, MERC administers Act 312 of 1969, which provides for compulsory binding
arbitration of labor disputes in municipal police and fire departments.
St
ate and federal government employees are not within MERC’s jurisdiction. State of Michigan
employees are covered by state civil service laws and not by MERC, with the exception of the
Michigan State Police, which are under MERC’s jurisdiction for labor mediation and compulsory
arbitration functions.
Ho
w may I contact the Bureau of Employment Relations and the Michigan Employment
Relations Commission?
Detroit Office
Cadillac Place
3026 W. Grand Blvd., Ste. 2-750
Detroit, MI 48202-2988
(313) 456-3510
(313) 456-3511 (Fax)
www.michigan.gov/merc
Lansing Office
530 W. Allegan Street
Garden Level
P.O. Box 30015
Lansing, MI 48909
(517) 335-9142
(517) 335-9181 (Fax)
*The answers provided are not meant to be a substitute for legal advice.
P
age 5 of 6
What is
the National Labor Relations Board, and how do I contact that agency?
T
he National Labor Relations Board is the federal agency that regulates collective bargaining
relationships between most private sector employers and employees. The NLRB maintains two
Michigan offices. Information Officers at the NLRB are generally available to assist members of the
public. The NLRB’s website, www.nlrb.gov,
provides a self-service automated system giving users
immediate answers to many employment and labor-related questions. Much of this information is also
applicable to the public sector.
Detroit Office
Patrick V. McNamara Bldg.
477 Michigan Ave., Rm. 300
Detroit, MI 48226-2569
(313)
226
-3200
(313)
226
-2090 (Fax)
T
he NLRB also has a toll free number (866) 667-6572.
Wh
at is an unfair labor practice?
An unfair labor practice is a violation of the Public Employment Relations Act or the Labor Relations
and Mediation Act. An example of an unfair labor practice by an employer is discriminating against,
discharging, or threatening an employee for engaging in union activity or for joining with at least one
other employee to improve wages, hours, or other conditions of employment. An employee need not
be a member of a union to engage in activity protected by these laws. Other examples of unfair labor
practices include failure to bargain in good faith, assisting or dominating the formation or
administration of a labor organization, or encouraging or discouraging union membership. A breach
of a collective bargaining agreement, standing alone, is typically not an unfair labor practice. Also,
the law does not prohibit an employer from disciplining, discharging, or taking other action against
an employee for good cause.
P
ERA also sets forth unfair labor practices by unions. For example, it is an unfair labor practice for a
union to fail to bargain in good faith with an employer; it is also unlawful for a union to restrain or
coerce employees in the exercise of their union rights. Labor organizations have the right to prescribe
their own membership rules, and PERA does not involve itself in internal union matters.
What duty does a union owe toward its members?
A
union owes a duty of fair representation to its members, which means that it must not act arbitrarily,
discriminatorily, or in bad faith. This standard has a very high threshold. A union has a duty to put
the interests of the entire membership before any single member and has discretion to act within a
wide range of reasonableness. As a result, a member does not have the right to demand that his/her
union file a grievance on his/her behalf or to demand that the grievance be advanced to arbitration.
Because the union’s ultimate duty is toward the membership as a whole, a union may consider such
factors as the burden on the grievance procedure, the cost of pursuing the grievance, its significance,
and the likelihood of success in arbitration.
*The answers provided are not meant to be a substitute for legal advice.
Page 6 of 6
What do I do if my employer or union has committed an unfair labor practice?
If an employee believes that his/her employer or union has committed an unfair labor practice, he/she
or the Union may file an unfair labor practice charge. Charge forms are available from BER upon
request and are located on the MERC web site. A person or entity alleging an unfair labor practice is
the “charging party,” and the employer and/or union against whom the charge is brought is the
“respondent.” The statute of limitations requires that all unfair labor practice charges be filed and
served by the Charging Party on the opposing party(ies) within six months of the date they occurred,
or they will be dismissed. The charge must include the names of the parties involved, the section of
the statute allegedly violated, the dates of all relevant events, and all other important facts. The original
written charge must be filed with MERC, along with four copies. The charging party must also serve
the unfair labor practice charge on the opposing parties. The case will be assigned to an Administrative
Law Judge (ALJ) of the Michigan Administrative Hearings System, who will set the date for hearing
and will notify the parties.
What occurs at an unfair labor practice hearing?
MERC does not investigate unfair labor practice charges. Thus, a party who files an unfair labor
practice charge may wish to hire an attorney for representation. A charging party may represent
him/herself at the hearing. Hearings are conducted in accordance with the procedures set forth in the
General Rules and Regulations of the Michigan Employment Relations Commission and the Michigan
Administrative Procedures Act. The procedural rules are posted on MERC’s website,
www.michigan.gov/merc.
A statutes and rules booklet is available for purchase from MERC for a
nominal cost.
The hearing will be held in Detroit or Lansing. The charging party should bring all relevant documents
to support his/her claim, along with a copy of each document for the ALJ, the court reporter, the
respondent(s), and for witnesses who testify. Both parties will have an opportunity to call and cross-
examine witnesses. If a charging party wishes to call a witness, he/she may request a subpoena from
the ALJ prior to the hearing. A court reporter will transcribe the hearing, and transcripts may be
purchased. After the hearing, the parties usually have the opportunity to submit supporting briefs. The
ALJ will issue a “Decision and Recommended Order” based upon the hearing testimony, exhibits,
and any briefs.
What if I wish to appeal the ALJ’s decision?
If a party does not agree with the ALJ’s Decision and Recommended Order, he/she may file an appeal,
known as exceptions, with the Commission. The exceptions must be received by the Commission
within twenty days of the ALJ’s Decision and Recommended Order, or the Order will be automatically
adopted by the Commission. If a party chooses to file exceptions, he/she must file an original and four
copies of the exceptions and two copies of the exhibits entered into the record at the hearing. A brief
in support of the decision may also be filed. A party filing exceptions must also serve all documents
filed upon the opposing party. The exceptions must contain specific references to the ALJ’s Decision
alleged to be erroneous. The opposing party may then file a response to the exceptions and a brief in
support of its response. The Commission will issue a Decision and Order in the matter. If a party
wishes to appeal the Commission’s decision, he/she may file an appeal with the Michigan Court of
Appeals and, ultimately, with the Michigan Supreme Court if leave is granted.
