Right-to-Work law repeal more than doubles federal complaints

More Michigan workers are filing complaints against unions after they lost the protection of a decade-old right-to-work law.

A measure to repeal right-to-work took effect Feb. 13, 2024. It means that unions can now force some workers to pay them dues or fees as a condition of keeping their job.

Since February, the number of cases filed with the National Labor Relations Board has doubled the total for last year, according to one advocate for workers. The National Right to Work Foundation says it fielded over 27 inquiries concerning workers’ rights in the last six months, and it has filed 10 cases with the federal agency.

In 2022, the foundation filed six complaints on behalf of workers in Michigan. It filed four in 2023 but has filed at least 10 as of July 18. A foundation employee said that another 10 are likely.

“Union boss allies in the Michigan Legislature foisted this repeal on workers for one reason: To enlarge the coffers of their favorite special interest,” the foundation’s president, Mark Mix, said in a statement. “Instead of letting Michigan workers continue to enjoy the right to freely choose whether or not union officials have earned a cut of their hard-earned pay, Michigan legislators have granted union bosses a power that strips away basic free speech and association rights.”

Not all workers are forced to pay unions. Unions can only force employees to pay dues as a condition of their employment if their contract has a forced dues clause. Federal law requires a forced-payments clause to provide a 30-day grace period before unions enforce contractual consequences.

Public sector employees still enjoy right-to-work protections, thanks to a 2018 Supreme Court ruling known as Janus v. AFSCME.

Close to 75% of Michigan voters surveyed in November 2022 opposed the idea of repealing the state’s right-to-work law. The Michigan Legislature, however, passed a repeal in March 2023, which Gov. Gretchen Whitmer signed into law. It took effect earlier this year.

Roger Cornett, a Kroger employee from the Detroit area, says he faced termination threats from his employer if he did not join the United Food and Commercial Workers Union and fund its political action committee. Kroger and the UFCW can’t prove their contracts include a forced dues clause, the Right-to-Work Foundation says.

Grand Rapids-area security guard James Reamsma is another worker who opposes the end of right-to-work. He recently voted to deauthorize the United Government Security Officers of America as the union in his workplace. Votes are being tallied, but a successful vote would mean that the union would lose its authority to force workers to make payments.

Reamsma filed unfair labor practices charges against the union, which holds the bargaining power rights of security guards who work in some government buildings in western Michigan.

Reamsma filed his complaint against the union, alleging that its officials were unlawfully seizing dues from his paycheck and not disclosing how they spent those funds. Reamsma said he told the union that he preferred to pay union dues by check, but, he continued, money has kept coming directly out of his paycheck. Federal law prohibits direct deduction of dues without the consent of the worker.

“Union officials have threatened to have everyone who does not join the union fired. Many of us are retired police officers, or military, working part time, supplementing our income by providing security for government buildings across Michigan,” Reamsma said in a statement. “When right-to-work was in place, guards were never forced to join the union. Now, part-time guards are expected to pay the same high dues as full-time guards, and all guards must join or lose our jobs.”

The union didn’t respond to a request for comment.