On March 24 Governor Gretchen Whitmer signed into law legislation repealing Michigan’s “right-to-work” law. The legislation passed the Michigan House of Representatives and Senate along straight party lines and will take effect on March 30, 2024. With this enactment, the following 26 states will retain right-to-work laws:
Alabama, Arizona, Arkansas, Kansas, Florida, Georgia, Idaho, Indiana, Iowa, Kentucky, Louisiana, Mississippi, Nebraska, Nevada, North Carolina, North Dakota, Oklahoma, South Carolina, South Dakota, Tennessee, Texas, Utah, Virginia, West Virginia, Wisconsin, and Wyoming.
Michigan is the first state in 58 years to repeal a right-to-work law, with Indiana repealing its in 1965, only to reinstate the law in 2012. Michigan’s right-to-work law allowed employees in unionized workplaces to not become union members and thereby avoid paying union dues and fees. When this new law takes effect, it will permit union security clauses requiring that employees pay union dues or a service fee to their bargaining representative as a condition of keeping their jobs.
This development in Michigan is consistent with other pro-labor movements across the country, and we anticipate other states will face efforts to repeal similar right-to-work laws. As of March 30, 2024, we expect to see Michigan unions negotiating union security clauses in future collective bargaining agreements. Michigan employers should review their collective bargaining agreements for such clauses and for any obligations to negotiate new provisions based on this change in Michigan law.
This document may be considered attorney advertising in some jurisdictions.
© 2023 THOMPSON HINE LLP. ALL RIGHTS RESERVED.
