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February 2, 2024
Effective March 30, 2024, Michigan no longer will be a right-to-work state. This change will undoubtedly have an effect on employees who work in a unionized setting in Michigan.
By way of background, unions typically negotiate for a union security clause in their collective bargaining agreements. A union security clause requires employees to join and/or financially contribute to the union as a condition of employment. However, Section 14(b) of the National Labor Relations Act grants states the ability to enact right-to-work statutes, which generally prohibit unions from enforcing union security clauses. Not including Michigan, 26 states have enacted right-to-work statutes.
Michigan enacted its right-to-work statute in 2012. However, a concern existed that the statute permitted employees to opt out of union membership and fees, but still receive the benefits of union representation in the workplace. Therefore, last March, Governor Whitmer passed Senate Bill 34, which eliminated Michigan’s right-to-work statute. Specifically, Senate Bill 34 provides that employers and labor organizations may enter into collective bargaining agreements that require all employees to share fairly in the financial support of the labor organization, including membership dues or service fees. This repeal of Michigan’s right-to-work statute will become effective on March 30, 2024.
Michigan employers should expect that unions will seek to establish or revive union security clauses when their collective bargaining agreements reopen. Although unlikely, it is unclear whether other states will follow Michigan’s lead and similarly repeal their right-to-work statutes.
*Special thanks to Ava Petrellese, our Paralegal, for her contributions to this article.
The author of this article, Maria V. Martin, is a member of the Bars of New Jersey, New York, Ohio, and Pennsylvania. This article is designed to provide one perspective regarding recent legal developments, and is not intended to serve as legal advice in New Jersey, New York, Ohio, Pennsylvania, Michigan, or any other jurisdiction, nor does it establish an attorney-client relationship with any reader of the article where one does not exist. Always consult an attorney with specific legal issues.
