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The information on this site does not constitute legal advice and is for educational purposes only. If you have a dispute or legal problem, please consult an attorney licensed to practice law in your state. Additionally, the information and views presented on this blog are solely the responsibility of Justin Bathon personally, or the other contributors, personally, and do not represent the views of the University of Kentucky or the institutional employer of any of the contributing editors.

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Monday
Dec102012

Michigan is a Right to Work State - Updated

The Michigan House and Senate both passed versions of three bills that would transform Michigan into a right to work state.  The bills, which will be called the Workplace Fairness and Equity Act, prohibit the practice of requiring workers to pay union dues or fees as a condition of employment.  Police and firefighters are not affected by this legislation because their right to collectively bargain is protected by a different law.  The bills were passed primarily along party lines in the Repulican-led chambers.  Interestingly, protestors were prohibited from entering the capitol for several hours during the debate.  Apparently, the building was closed for structural reasons but was re-opened after an injunction was issued.

The legislation makes it illegal for any person to force, intimidate or attempt to compel an employee to become or remain a member of a labor organization or to financially support one.  It eliminates the law's previous requirements that all employes must pay a service fee to the exclusive barganing representative even if they chose not to be active members of the union.  It does retain the right for employees to collectively bargain and prevents employers from interfering with employees' rights to form and administer labor organizations.

This vote comes on the heels of the defeat of a Novemeber ballot proposal to add the right to collectively bargain in Michigan's Constitution.  Michigan's governor has been quoted as saying that the push for this legislation is a direct result of organized labor's ballot proposal initiative, Proposal 2, last month, and that he is ready to sign this new legislation.  The House still needs to consider the public right to work bill and will do so on Tuesday.  Michigan's labor organizations are planning protests to stop its passage and put pressure on the governor to veto the legislation.

The legislation:

For Private Workers - HB 4054 & SB 0116

For Public Workers - HB 4003 (Senate Substitute 8)

http://www.legislature.mi.gov/(S(ib4eik45ssqu0z45ez4rbnyh))/documents/2011-2012/billcurrentversion/House/PDF/2011-HCVBS-4003-17053.PDF

 

Update (December 11, 2012) - The Michigan House of Representatives passed HB 4003 and Governor Rick Snyder signed the bills into law making Michigan a Right to Work State.  The changes take effect in April 2013.