Michigan repeals right to work law

At a glance

• On 24 March 2023, governor Gretchen Whitmer signed Senate Bill No. 34 (SB 34) repealing Michigan’s right-to-work law for private-sector employees, the first state to do so.

Under Michigan’s 2012 right-to-work statute, employees could not be required to become a member of a labour organisation or pay any dues, fees or other charges to a labour organisation even if their workplace was represented by a union and the employee was covered by a collective bargaining agreement. When SB 34 takes effect on 30 March 2024, an employer and a labour organisation will be allowed to enter into a collective bargaining agreement that requires all employees in the bargaining unit to pay union dues, also known as union security clauses, as a condition of continued employment.

The new law also appropriates USD 1 million to the Michigan Department of Labour and Economic Opportunity to support responding to public inquiries, increasing staff and other resources to implement the new law, and notifying employers, employees, and labour organisations about the changes to their rights and obligations. Notably, the appropriations spending means that the law cannot be repealed by a ballot initiative. A constitutional amendment or a court decision would be required to repeal the law. SB 34 also prohibits local governments from passing right-to-work ordinances.