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Another Challenge to Michigan's Right to Work Law Bites the Dust

As we reported over a year ago, among the several lawsuits filed challenging Michigan’s Right to Work law was a suit claiming the procedure used when passing the law in December 2012 violated Michigan’s Open Meetings Act.  The union groups who filed the lawsuit, supported by the ACLU, premised their claim on the fact that due to action by law enforcement closing the Capitol Building for safety reasons, members of the public were prevented from being present during the vote for the controversial laws. However, this argument failed to sway the Michigan Court of Claims, which hears cases involving the state as a party. On Friday, Michigan Court of Claims Judge Deborah Servitto granted summary judgment for the state, dismissing the lawsuit. She found that even if all citizens could not physically enter the Capitol Building, it was still an open meeting under the law.

This is the latest setback in a string of challenges filed by unions challenging Michigan’s Right to Work legislation.  As we reported a few weeks ago, a challenge by the UAW regarding the law’s application to state employees is pending in front of the Michigan Supreme Court. It remains to be seen if any of these lawsuits will have an impact on the continuing application of Right to Work in Michigan.

© 2020 BARNES & THORNBURG LLPNational Law Review, Volume V, Number 40

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About this Author

Keith Brodie Labor & Employment Attorney
Partner

Traditional labor lawyer and employment law counselor Keith Brodie represents the interests of employers in Michigan and across the country. Personable, detail- and business-oriented when rendering critical legal advice, Keith’s willingness to listen, combined with his strategic legal thinking, allows him to serve client interests while building rapport and consensus.

Keith advises on traditional labor law matters under the National Labor Relations Act (NLRA). His experience includes collective bargaining negotiations, administration of collective bargaining agreements, and...

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