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March 2023: Michigan House Passes Bills to Repeal State’s Right-to-Work Law

21 Mar

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Update Applicable to:
All employers in the state of Michigan.

What happened?
On March 8, 2023, the Michigan House of Representatives passed two bills, House Bill 4004 (HB  4004) and House Bill 4005 (HB 4005), which would repeal Michigan’s current right-to-work law if approved by the state senate and signed into law by the governor.

What are the details?
HB 4004 relates specifically to the right to work in the public sector; HB 4005 relates to the right to work in the private sector. Both bills would remove the prohibition under Michigan’s current right-to-work law that makes it illegal to require an employee to pay dues or agency fees to a union as a condition of obtaining or continuing employment.

This means that union security clauses in collective bargaining agreements, which allow a union to compel an employer to discharge an employee for refusing to pay dues or agency fees (i.e., fees that are required to be paid by employees who object to paying for union activities unrelated to collective bargaining and grievance administration, such as organizing the employees of other employers, lobbying for political legislation, and participating in social, charitable, and political events), would become legal again for the first time in Michigan since the state enacted its right-to-work law in 2012.

The law is currently awaiting passage in the Michigan State Senate.

For more information, please see the links below:

House Bill 4004 (HB  4004)

House Bill 4005 (HB 4005)

Article 1Article 2

What do employers need to do?
Employers should review the links provided above and should be on the lookout for any more news regarding this new bill. Vensure will continue to provide more updates once more news has been received.

Need help understanding how changes to employment laws will affect your business?

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This communication is intended solely for the purpose of conveying information. The present post might incorporate hyperlinks directing readers to websites managed by third-party entities. The inclusion of any links within this communication is meant to serve as points of reference and could encompass opinion articles from various law firms, articles from HR associations, official websites, news releases, and documents of government agencies, and other relevant third-party sources. Vensure has no authority over these external websites and bears no responsibility for their content. Furthermore, Vensure does not endorse the materials present on these websites. The contents of this communication should not be interpreted as legal advice or as a legal standpoint concerning specific facts or scenarios. Nor should it be deemed an exhaustive compilation of facts potentially pertinent to federal, state, or local laws. It is strongly advised that employers solicit legal guidance from an employment attorney when undertaking actions in response to any legal updates provided. This is due to the possibility of future alterations occurring in federal, state, and local laws, regulations, as well as the directives and guidelines issued by governing agencies. These changes may transpire at any given time, potentially rendering certain portions of the content within this update void or inaccurate.

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