Michigan Senate Approves Bill to Repeal ‘Right-to-Work’ Law

A union strike sign is stuck in the fence outside the General Motors Flint Truck Assembly in Flint, Michigan on Oct. 9, 2019. Brian Snyder/Reuters

The Michigan Senate approved a bill on March 14 to repeal the 2012 right-to-work law that made paying dues or agency fees to a union at unionized workplaces optional.

The bill narrowly passed along party lines in a 20–17 vote. A similar package of three bills passed the House the previous week, meaning the two chambers will have to decide on which version to send to Gov. Gretchen Whitmer to be signed.

Whitmer, a Democrat, has said she will sign the bill into law once it reaches her desk.

The right-to-work law was enacted in 2012 under a GOP-dominated Legislature, and while it allowed public and private unions the right to organize and collectively bargain, it banned them from requiring nonunion employees to pay union fees as a condition of employment, even if the union bargains on their behalf.

Currently, 27 states have right-to-work laws in place to protect the rights of nonunion employees, according to the National Conference of State Legislatures.

The most recent Michigan bill (pdf) allows employers and a bargaining representative to enter into a collective bargaining agreement that “requires all public employees in the bargaining unit to share equally in the financial support of the bargaining representative” as a condition of obtaining or continuing employment.

The bill notes that “this act does not, and a law or policy of a local government must not, prohibit or limit an agreement that requires public employees in the bargaining unit, as a condition of continued employment, to pay to the bargaining representative membership dues or service fees,” the bill states.

‘Freeloading’ Off the System

Democrats praised the bill before the vote, arguing that it is needed to prevent people from “freeloading off of a system” and receiving benefits and health care as a result of unions’ collective bargaining efforts without having to contribute to the effort themselves via fees.

Democrat state Sen. Darrin Camilleri, who introduced the bill repealing Michigan’s right-to-work law for private sector workers, said the previous law had made it systematically more difficult for unions to do their jobs.

“It created an environment where unions were put at a disadvantage when it came to negotiating for better pay and benefits for workers across the board,” Camilleri said on the Senate floor. “I am not in the business of competing with states like Alabama and other places in the South. We want to be the best in the country and in order to do that, we need to restore workers’ rights across the board, and that starts today, right here in Michigan.”

Democrat state Sen. Winnie Brinks was among the lawmakers who praised the bill.

“The ability to speak up together with one voice for better pay and benefits and safer workplace conditions is a right that workers deserve,” Brinks said in a news release. “By repealing anti-worker laws, we’re making our state a place where people want to come, work hard, and build a life knowing that they will be respected and able to earn a good living. It’s a new era in Lansing and we are taking this historic opportunity to restore workers’ freedom.”

Concerns Over Bill’s Impact on Employment

However, Republican lawmakers opposed the move, arguing that it could lead to a decline in employment in the state and Michigan’s economic competitiveness.

“Many job providers will be less willing to locate or expand in Michigan if we repeal our right-to-work status,” Republican state Sen. Thomas Albert said, according to the Detroit Free Press.

Whitmer told reporters on March 13 that she plans to sign the bill.

“I have made a promise to restore workers’ rights in Michigan. I have fought against the creation of this barrier in the first place,” she said.

Another bill aiming to create a tax credit for union dues has been sponsored by 34 House Democrats.

The Associated Press contributed to this report.