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Michigan Right to Work Act Upheld by Court of Appeals

Gerald Lutkus

Gerald F. Lutkus

Of Counsel (Retired)

MichiganThe United Auto Workers suffered yet another defeat in its effort to overturn Michigan’s public sector Right to Work Act. The Michigan Court of Appeals has, in a 2-1 decision, upheld the lower court’s decision that the State has the authority to enact laws that effect the state’s civil service employees.

The appellate court rejected the argument that the Michigan Constitution gave the state's Civil Service Commission the exclusive authority to set employment conditions for those employees, deciding that the state legislature retains the right to pass labor laws of general applicability: “Michigan case law fully supports the principle that the Legislature as the policymaking branch of government, has the power to pass labor laws of general applicability that also apply to classified civil service employees.”

The UAW is reportedly considering an appeal to the Michigan Supreme Court on the decision. Also pending is a separate lawsuit brought by unions contesting the Constitutionality of Michigan’s private sector RTW act.

A copy of the appellate decision is available here.

Here are links to our past coverage of the Michiga Right to Work Act.


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