Last year, Michigan became the first state in decades to repeal its “Right to Work” law.  The repeal of Right to Work will take effect on February 14, which means employers and employees have just a few weeks left to prepare.

Before Right to Work, employees working in a unionized workforce often were forced to pay union dues or lose their job.  This happened because unions in non-Right to Work states can negotiate to include “union security clauses” into collective bargaining agreements that required employers to fire employees who did not pay union dues.

Right to Work gave employees in unionized workforces the right to choose whether or not to pay union dues by outlawing union security clauses.  But with the repeal of Right to Work, as of February 14, unions can again negotiate to include “security clauses” into their contracts with employers (although employers don’t have to agree to them).  This also means that any “dormant” union security clauses that have been included in collective bargaining agreements could become enforceable again.

To be clear, the repeal of Right to Work has no impact on merit shops and other non-union employers. It only affects unionized workforces that have (or will have) a union security clause included in the collective bargaining agreement.

Those employees who are subject to a union security clause will now have two options:

1. Employees may choose to become a member of the union and pay all dues, fees, and assessments that the union requires of members; or
2. Employees may choose to remain a non-union member, and pay only the representational portion of the assessed dues.

Regardless of employees’ decisions, they will remain in the bargaining unit and will be covered by the collective bargaining agreement that the union and their employer negotiate. Unions determine the representational portion of dues that non-members have to pay. However, non-members have the right to know how unions calculate the representational portion and unions must provide employees with the calculations if asked.

Non-dues paying employees whose collective bargaining agreements have a dormant security clause will have until March 14 to make their choice on how to begin paying dues.

Questions?
Contact the author Bridget McConville.