What Does Michigan’s Repeal of Right-To-Work Mean for Employers?
Authors
Last week, Michigan became the first state in decades to repeal its Right-to-Work (RTW) law. So what does this mean for employers?
To understand the potential significance, it’s first important to understand what a state RTW law is and what it is not. For all the hoopla surrounding these laws, they’re pretty simple: an employee lawfully cannot be required to become a union member or forced to pay union dues as a condition of employment. That’s it. In other words, “union security clauses” in labor agreements that require employees to be dues paying union members as a condition of employment are illegal in RTW states.
In non-RTW states, in contrast, all employees typically are required to pay union fees if the collective bargaining agreement between the employer and the union contains a provision mandating dues payment as a condition of employment. That is, any employee declining to join a union and pay dues can be terminated.
To understand the potential significance, it’s first important to understand what a state RTW law is and what it is not. For all the hoopla surrounding these laws, they’re pretty simple: an employee lawfully cannot be required to become a union member or forced to pay union dues as a condition of employment. That’s it. In other words, “union security clauses” in labor agreements that require employees to be dues paying union members as a condition of employment are illegal in RTW states.
In non-RTW states, in contrast, all employees typically are required to pay union fees if the collective bargaining agreement between the employer and the union contains a provision mandating dues payment as a condition of employment. That is, any employee declining to join a union and pay dues can be terminated.
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