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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.

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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.

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