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HB 4454

Labor: collective bargaining; exclusive bargaining representative of public employees; allow the commission to certify labor organization as based on petition and hearing. Amends secs. 12 & 14 of 1947 PA 336 (MCL 423.212 & 423.214).

2025-2026 Regular Session Introduced by Joey Andrews and 33 co-sponsors

HB4454 empowers MERC to certify an exclusive bargaining representative after a petition and hearing when >50% of a unit supports, reducing secret-ballot elections in those cases.

bill electronically reproduced 05/06/2025
#labor:collectivebargaining #labor:publicserviceemployment
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Bill Summary · HB 4454

Summary — HB 4454 (2025)

Title: Labor: collective bargaining; exclusive bargaining representative of public employees; allow the commission to certify labor organization as based on petition and hearing. (Amends MCL 423.212 & 423.214)

Purpose / Intent

HB 4454 amends the Michigan Public Employment Relations Act (1947 PA 336, commonly called PERA) to give the Michigan Employment Relations Commission (MERC) an explicit procedure to certify an exclusive bargaining representative based on a petition and administrative hearing when a majority of employees in a bargaining unit are shown to support representation — rather than always requiring a secret-ballot election.

Key provisions

  • Amends MCL 423.212 (Sec. 12):
    • New subsection (1): If a public employee, group of employees, or labor organization files a petition alleging that more than 50% of employees in an appropriate unit wish to be represented, MERC must investigate and, if reasonable cause exists, hold a hearing. If the record shows >50% support, MERC shall certify the labor organization as the exclusive bargaining representative (as described in Sec. 11).
    • Retains existing petition paths in what becomes subsection (2): a petition from 30% or more of employees (where employer declines recognition) or a petition by an employer alleging competing claims. In those cases, MERC investigates and, if a representation question exists, directs a secret-ballot election.
    • Clarifies MERC may investigate, hold hearings, and allows parties to waive hearings by stipulation for a consent election.
  • Amends MCL 423.214 (Sec. 14):
    • Bars directing an election in a unit that had a valid election or a certification under new Sec. 12(1) in the preceding 12 months.
    • Retains runoff rule for multi-choice ballots (top two choices).
    • Adjusts exception to existing collective bargaining agreement bar: non-party petitions may trigger an election if more than 3 years have elapsed since the agreement’s execution or last timely renewal.

Who is affected

  • Public employees in Michigan (state and local units covered by PERA).
  • Labor organizations seeking recognition/certification.
  • Public employers required to recognize certified representatives or participate in MERC proceedings.
  • MERC (administrative burden and procedural role).

Procedural & timeline details

  • Introduced: March 11, 2025.
  • Passed both chambers: April–May 2025.
  • Filed without the Governor’s signature: June 20, 2025.
  • Effective date: September 1, 2025.
  • Statutory changes amend MCL 423.212 and 423.214.

Practical impact / considerations

  • Lowers procedural barrier to certification where majority support can be documented via petition and hearing, potentially reducing reliance on secret-ballot elections in some cases.
  • Preserves election process when 30% threshold petitions or employer-initiated disputes are involved.
  • Creates timing limits (12 months) and contract-based exceptions (3-year rule) to prevent frequent challenges in recently certified or negotiated units.
  • May change strategies used by unions and employers in organizing and recognition disputes; administrative hearings and evidence of majority support will become more consequential.

Compiled from official sources — confirm details with the bill’s official record.

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