On March 24, Gov. Gretchen Whitmer signed into law Public Acts 8 and 9 (2023). These two bills repeal right-to-work laws passed in 2013, restoring the rights of workers in Michigan. The legislation eliminates language in the law that allowed workers to receive the benefits of a collective bargaining agreement without having to pay union dues. Under the new legislation, both public and private employers can require employees to pay union dues as a condition of employment.
Public Act 8 relates to private employees and Public Act 9 relates to public employees. Public Act 9 only becomes effective upon the ratification of a constitutional amendment or “a decision or ruling by the United States Supreme Court that reverses or limits, in whole or in part, Janus v AFSCME.” Until then, public employees will still be able to choose not to be become members of the union and pay dues, while continuing to enjoy pay and benefits under the union contract.
In addition to the repeal of “right to work” laws, on March 24 the governor also signed into law a bill reinstating prevailing wages for state-funded construction. In 2018, Michigan repealed its prevailing wage law. Now that it has been reinstated, a commissioner with the Department of Labor and Economic Opportunity will establish prevailing wages and fringe benefits for state construction projects, and a schedule of these rates will be part of the specifications for the work performed. In March of 2022, the State of Michigan began requiring all state contractors to pay prevailing wages on construction-based contracts issued by the Department of Technology, Management & Budget. The new law expanded the prevailing wage for any state construction project which includes:
- Public buildings
- Schools
- Bridges
- Highways
- Roads
The new legislation repealing “right to work” laws and reinstating prevailing wages in Michigan is a historic win for labor unions and workers. Labor unions are hoping other states will follow.
Julie A. Gafkay is a civil rights attorney with an office in Saginaw for the past 20 years. She attained her law degree from Whittier Law School in 1995 and her undergraduate degree from James Madison College at Michigan State University in 1992. She is a past president of the Saginaw County Bar and Women Lawyers Association of Michigan. In 2019, she was awarded the Champion of Justice award from the State Bar of Michigan.
