The Impact of Michigan’s Right-to-Work Repeal

As of February 12, 2024, Michigan workplaces are no longer governed by the Right-to-Work law, as the repeal of the 2012 regulation that banned requirements that workers join unions to receive their benefits. The Michigan legislature became the first state in almost 60 years to repeal its Right-to-Work law. The elimination of the Right-to-Work law only impacts private sector workers. Public sector workers can still opt out of unions because of the 2018 Janus v. AFSCME U.S. Supreme Court ruling, which recognizes public employees’ First Amendment right to abstain from union financial support.

Because the repeal affects what contract provisions are enforceable, private sector employers with employees covered by a collective bargaining agreement will need to determine what this means for them. Many agreements already contain union security clauses that require employees to pay union dues as a condition of employment. However, even if a collective bargaining agreement does not currently impose this requirement, it is a safe bet that it will be a demand in the next round of negotiations and employers will need to plan accordingly.

Employees who are subject to a union security clause may choose to become a member of the union and pay all dues, fees, and assessments that the union requires of members or choose to remain a non-union member and pay only the union agency fees, which are typically 85%-90% of dues. Under the Communications Workers of America v. Beck U.S. Supreme Court ruling, a private sector employee is not required to become a full union member—only an agency fee payer. Unions determine the representational portion of dues that non-members must pay.

If you have any questions or concerns regarding the Right-to-Work repeal please feel free to contact CMDA to discuss.

Suzanne P. Bartos is a partner in our Livonia office where she focuses her practice on employment and labor law, insurance defense, municipal law, education law, and litigation.

She successfully defends civil rights, wrongful discharge, and discrimination claims in state and federal courts. She has defended governmental entities at both the grievance and arbitration level and has worked with a variety of administrative agencies and tribunals including the U.S. Equal Employment Opportunity Commission, Michigan Employment Security Commission, Michigan Wage and Hour Division, National Labor Relations Board and the Internal Revenue Service. She has also achieved outstanding results for clients in premise liability, breach of contract, collections, warranty disputes, and consumer protection. She may be reached at (734) 261-2400 or sbartos@cmda-law.com.