News Story

MEA’s August Window Declared Illegal

Judge finds union guilty of unfair labor practices

Administrative Law Judge Julia C. Stern has ruled that under Michigan’s right-to-work law, public employees can resign from a union at any time of the year.

On that basis, Judge Stern said that the state’s largest teacher union, the Michigan Education Association, has been violating the law by enforcing its so-called 'August window.'

“Freedom and the ability to exercise one’s rights do not come with a time limit,” said Patrick J. Wright, vice president for legal affairs at the Mackinac Center for Public Policy. “As we have said all along, the bylaws of a membership organization do not trump state statute. The MEA, unfortunately, chose to treat its members not as professionals but as piggy banks.”

Under an internal rule the MEA would not accept a member’s resignation from the union unless it is submitted in writing during the month of August. This case holds that private bylaws do not override state law.

Judge Stern’s ruling came in a case in which a group of Saginaw Public Schools employees charged the MEA with unfair labor practices. The legal action, in which the employees were represented by the Mackinac Center Legal Foundation, was filed with the Michigan Employment Relations Commission on Oct 21, 2013. Stern presided over a hearing on the case on Feb. 27, 2014.

“I conclude that PERA (the Public Employee Relations Act) now gives employees the right to resign their union memberships at will, and makes it unlawful, under Section 10 (20) (a), for a union to restrict that right,” Judge Stern wrote in her decision, which was released late Wednesday. “I conclude, as I did in those cases, that Respondent [the MEA] violated Section 10 (20) (a) of PERA by maintaining and enforcing its August window period.”

Judge Stern wrote that she based her conclusion on language in Michigan’s new right-to-work statute, PA 349 of 2012, which passed the Legislature and was signed into law by Gov. Rick Snyder on Dec. 11, 2012.

She said that among the statutory changes effected by PA 349 was the “right to refrain” from union activities language, that had been part of the National Labor Relations Act since 1947. Therefore, according to Judge Stern, the law now explicitly gives employees the "right to refrain from any or all [union] activities."

In a portion of her decision title “Proposed Remedy,” Judge Stern wrote that she will recommend that MERC order MEA to cease and desist from enforcing the August window rule and either have it stricken from the union’s bylaws or amended.

The judge also ordered a "notice to union members" (see image nearby) which states that the union committed unfair labor practices in violation of the law. Union members are to be notified that the union:

  • Will not restrain and coerce employees in the exercise of their rights.
  • Will not maintain or enforce a rule that prohibits members from resigning their union memberships except during the month of August.
  • Will not refuse to accept the resignations of the Saginaw teacher involved in this case.
  • Will remove the August window from union bylaws or note that it is unenforceable.
  • Will notify the Saginaw teachers that their resignations from the union (which happened outside of August) have been accepted.

The MEA asserts that the primary purpose of the August window period was to give it a stable membership count for the upcoming school year for budgeting and other administrative purposes. The union is expected to appeal Stern’s decision.

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Here is a video of the teachers involved in the case:

Michigan Capitol Confidential is the news source produced by the Mackinac Center for Public Policy. Michigan Capitol Confidential reports with a free-market news perspective.

News Story

School Districts Across the State Violating Michigan Right-to-Work Law

Thousands of teachers misled into believing they have to pay union dues

Twenty-three public school districts that signed their union contracts after right-to-work became law kept language in that told employees they had to financially support a union as a condition of employment, according to a study done by the Mackinac Center for Public Policy.

Those 23 districts employed about 2,160 teachers.

“There are thousands of teachers in these districts who may be misled into believing they don’t have a choice when it comes to financially supporting a union in order to keep their job,” said Audrey Spalding, director of education policy and author of the study, in a press release.

Capitol Confidential asked some of the districts about their collective bargaining agreements.

  • Deb Paquette, superintendent of Bloomingdale Public Schools, said the contract on the district's website was out of date. “The language has been removed via a letter of understanding with the BEA,” she said.
  • Andrea Large, superintendent of the Ludington Area School District, said the language had been removed from the just-ratified agreement and the contract was being revised.
  • Pete Kelto, superintendent of Munising Public Schools, said the right-to-work legislation was still being appealed when both sides ratified the bargaining agreement. “So we left the language unchanged but agreed to abide by whatever the Appeals Court ruling was,” Kelto said. “State law would supersede the collective bargaining agreement. We actually did hire a new teacher during the past school year that did not join our education association, and the association did not pursue collecting dues from the teacher. The language will be removed from the next agreement.”
  • Amy Hodgson, superintendent of Dansville Schools, said the language in the expired contract was not followed. She said the 2014-15 contract that was just ratified will have the contested language removed.
  • William Disch, assistant superintendent for business services at Mattawan Consolidated School, said the language in the contract was finalized prior to the effective date of right-to-work. “At the time there was a dispute over when it was actually finalized and the bargaining unit leadership filed an unfair labor practice grievance,” Disch said. “The dispute was mediated by Doyle O'Conner (administrative law judge) and the result of his efforts [was] a settlement mediated that resulted in the contract language that Mr. O'Conner said fell within the confines of the timing of the law's effective date.”
  • John Overley, superintendent of Lawrence Public Schools, said the disputed language was redacted on the copy the district received from its lawyer but was missed in the editing process. “It was overlooked in the editing process,” Overley said. “However, it has since been removed from the 14-15 contract. During the 2013-14 year, no teacher was required to join the union and the school did not deduct or collect dues or any money for PACs. I was assuming it was taken out. My wrong assumption and poor editing. Attached is the redacted copy and it shows that it should have been removed.”

Besides the 23 districts, there were another 34 public school districts whose contracts that raised legal and policy questions over when their contracts were signed and put into effect. Those 34 contracts were signed before right-to-work took effect March 28, 2013, but whether they would still have to be compliant with right-to-work is legally unclear.

Spalding collected the union contracts as late as May of 2014 for this study. Any changes to contracts after May are not reflected in the study.

After right-to-work (Public Act 349 of 2012) was passed, there were 234 school districts that signed new contracts with their teachers unions. About 33 percent of those contracts were signed between Dec. 11, 2012, and March 28, 2013.

Gary Naeyaert, executive director of the Great Lakes Education Project which advocates for charter public schools, questioned why the State Board of Education would go out of their way to crack down on charter schools but not act on conventional public schools that “blatantly ignore state law.”

“It’s a good example [showing] that the traditional districts will do whatever they can to flaunt the law until they are caught,” Naeyaert said.

In August, the State Board of Education adopted a statement that asked the state Legislature to develop school reform legislation that would create more enforcement involving laws regarding charter school transparency and accountability.

When asked about the contracts, State Board of Education member Eileen Weiser said, "Michigan is a local control state, so the State Board of Education has no involvement in school district collective bargaining agreements. However, I am surprised to hear that some districts are not following state law. Like local school board members, I too have been elected and have taken an oath of office. Where this is occurring, school board members should evaluate if failing to adhere to the law is in the best interest of their community, including the needs of voters and taxpayers."

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Michigan Capitol Confidential is the news source produced by the Mackinac Center for Public Policy. Michigan Capitol Confidential reports with a free-market news perspective.