June 1, 2023

Volume XIII, Number 152

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Michigan Senate Passes Bill to Repeal Right-to-Work Law Governing Private-Sector Employers

On March 21, 2023, the Michigan Senate passed Senate Bill No. 34 in the final step of the legislative process to repeal Michigan’s right-to-work law governing private-sector employers. The Senate’s action comes on the heels of the Michigan House of Representatives’ passage of a similar bill, House Bill 4005, on March 8, 2023. The legislation will next move to Governor Gretchen Whitmer for her likely signature.

The legislation, if approved by Governor Whitmer, is slated to go into effect ninety-one days after the end of the current legislative session, which means March 30, 2024, would be the effective date. Once the law goes into effect, Michigan will become the first state to have repealed its right-to-work law, thereby reducing the number of right-to-work states in the United States to twenty-six.

In preparation for passage of the law, employers with unionized workforces may want to review their collective bargaining agreements to determine if they contain language that makes union security part of the contract, or requires reopening the contract for bargaining, upon repeal or invalidation of the right-to-work law. Employers without such language may want to be prepared to negotiate over union security when their labor contracts expire.

© 2023, Ogletree, Deakins, Nash, Smoak & Stewart, P.C., All Rights Reserved.National Law Review, Volume XIII, Number 81
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About this Author

Christopher Mikula, Employment lawyer, Ogletree
Associate

Christopher R. Mikula’s practice focuses on defending businesses in traditional labor matters, and in employment counseling and litigation. Immediately prior to joining Ogletree, Mr. Mikula worked at a large Michigan-based law firm where he focused on these same areas of practice. Before entering private practice, Mr. Mikula served as Legal Director for the Service Employees International Union Healthcare Michigan (SEIU) in Detroit, Michigan.

Mr. Mikula regularly defends employers in litigation matters in state and federal courts as well as in...

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