In a highly anticipated move, on March 24, 2023, Governor Gretchen Whitmer of Michigan signed a repeal of the state’s 2012 so-called “Right-to-Work” legislation. The repeal had long been a stated goal of democrats in the state legislature. After both houses of the state legislature changed to democratic control following the 2022 election, the democratic majorities and governor made good on the promise.
In 2021, a republican legislature passed Michigan’s Right-To-Work law. The law prohibits the inclusion of “union security” clauses in collective bargaining agreements. Union security clauses require employees to become union members and pay union dues. The Right-To-Work legislation permitted Michigan employees in unionized workplaces to refrain from joining the union and/or paying union dues. But, because federal law, namely the National Labor Relations Act, requires unions to continue to represent all employees in a bargaining unit, the effect of the Right-To-Work law was to allow non-union employees to enjoy the benefits of union representation without the burden paying dues. To no surprise, unions disfavored the Right-To-Work statute because it denied them resources. The unions strongly opposed the legislation’s enactment.
Interestingly, despite their fervent opposition to the Right-To-Work legislation, unions did find ways to use the law to their advantage in some circumstances. For example, during union organizing campaigns, unions used the law to convince reluctant...
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