Michigan is the 24th State to Have a Right-to-work Law on Its Books
The Michigan right-to-work law generally will make it unlawful for labor unions and most private sector employers to include provisions in collective bargaining agreements that require labor union membership as a condition of employment. In other words, Michigan private sector employees generally will retain all of their existing rights under the National Labor Relations Act and any collective bargaining agreement between their employer and union representative, but under the new law, the agreements cannot bind employees to the many facets of union membership, including payment of union dues and assessments; union rules; or union fines, penalties or punishment, including union discipline or fines for working during a strike or crossing picket lines. It will be up to the employee to decide whether to join a union. Unions and their political supporters vigorously oppose right-to-work laws, and the new Michigan law is no exception. Unions and their supporters argue that employees should not be permitted to be "free riders," getting the benefits of union representation without paying dues or the financial equivalent for membership. [Source]Michigan Enacts Right to Work Laws: Unions Not Thrilled
December 13, 2012
Decoded Science - Governor Rick Snyder signed them into law, making Michigan the 24th state to adopt right to work laws. Because the state is the birthplace of the United Auto Workers, and home to the big three automakers, the laws attracted more attention than did similar legislation passed in other states. About 20% of Michigan workers are unionized, higher than the national average of 14%.
Michigan’s Right to Work Laws
The right to work laws are contained in two separate bills. House Bill 4003 defines and sets out the rights of public employees while Senate Bill 116 governs private sector employees. What does ‘right to work’ mean? The gist of these laws is that employees will not be required to join a union or pay union dues in order to work.Section 10(3) of HB 4003 sets out what employees will not be required to do in order to obtain a job or continue to work in Michigan’s public sector.
- Individuals are not required to join or remain a member of a labor organization or bargaining unit in order to work in the state.
- Workers are not required to pay fees, dues or give anything of value in order to work in Michigan’s public service.
- Employees cannot be required by a labor organization or bargaining unit, to pay or give anything of value to charitable organizations or other third parties in lieu of such fees or dues.
HB 4003 also restricts the meaning of the term “public employee.” Employees who work for a private organization or for a political subdivision of the state and who work for the state of Michigan on a contract basis are not considered to be public employees. And people who provide services for an employer who receives direct or indirect government subsidies are also defined as not being public employees.
SB 116 grants the same rights to private sector workers. In order to work, employees are no longer required to join a labor organization or bargaining unit and are not required to pay fees or dues in order to work. Violation of these rights can lead to a maximum civil fine of $500. In addition, employees are free to bring a civil action against the organization or bargaining unit for damages, injunctive relief, or both.
How did right-to-work law pass in union-friendly Michigan?
December 12, 2012
The Ticket - How did a right-to-work law pass in the union stronghold of Michigan?
Reuters credits a rookie Republican state legislator, who began his uphill battle nearly two years ago to pass the bill—signed into law on Wednesday by Gov. Rick Snyder—that is expected to dramatically curtail the power of unions in the state. The law makes it illegal to compel nonunion employees who benefit from a union contract to pay dues to the union.
State Rep. Patrick Colbeck, an engineer who took his seat in the Statehouse in early 2011, quickly attracted big-name Republican donors like the billionaire Koch brothers to his cause. Eventually, Colbeck persuaded some of his more union-friendly Republican colleagues to vote for the legislation. Snyder, who ran as a moderate Republican in 2010, said he would sign the bill if it passed, even though he didn't personally join the right-to-work campaign.
The law easily passed the Republican-controlled legislature earlier this week, as an estimated 10,000 people surrounded the Capitol in protest.
Right-to-work supporters also say the unions shot themselves in the foot when they tried to amend the constitution by ballot initiative in November to say the legislature cannot limit collective bargaining rights. The initiative failed and gave right-to-work supporters the impression that Michigan would be ready for the law, despite its deep union roots. The state is now the 24th in the union to have a right-to-work law on its books.
