Michigan Unions laws & HR compliance analysis

Michigan Unions: What you need to know

The right of workers in private employment to form unions and bargain collectively with their employers is guaranteed by the National Labor Relations Act (NLRA) and related federal laws. The NLRA is preemptive, meaning it supersedes state law in the areas it covers. However, in areas not covered by the NLRA, such as the rights of public employees and private employees not engaged in interstate commerce, the states are free to make their own laws.
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More information on the NLRA and unions is available.
Michigan has adopted its own labor relations law, known as the Labor Mediation Act, to supplement the NLRA. This law applies to workers not covered by the NLRA and guarantees the right to organize to form, join, or assist a labor organization and bargain collectively through representatives of their own free choosing. The state Act does not cover domestic employees, agricultural laborers, employees of a parent or spouse, executives and supervisors, and individuals subject to the Railway Labor Act (MI Comp. Laws Sec. 423.1 et seq.).
One area that has been left to the states is the protection of a worker's right not to join a union. Many states, including Michigan, have a “right-to-work” law that prohibits compulsory union membership. Michigan is a right-to-work state for both private and public employees (MI Comp. Laws Sec. 423.14, Sec. 423.210). Under state law, individuals cannot be required, as a condition of employment, to:
• Refrain from joining or resign from a union;
• Become a member of a union;
• Pay dues or fees or provide anything of value to a union; or
• Pay any money to a third party in lieu of union dues or fees.
This applies to employees in the classified ...

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