Michigan is not a right-to-work state. Governor Gretchen Whitmer signed the repeal on March 24, 2023, and it took effect in late March 2024, making Michigan the first state in nearly six decades to reverse a right-to-work law. Unions and private-sector employers in Michigan can once again negotiate contracts that require every worker in the bargaining unit to pay union fees.
What Changed and When
Michigan had a right-to-work law on the books from 2013 until the repeal took effect. The legislature passed two bills in 2023 to undo it: Senate Bill 34, covering the private sector, and House Bill 4004, covering public employment under the Public Employment Relations Act.1State of Michigan. MI Repeal of FTW/RTW
Neither bill took effect immediately. Both were passed without immediate effect, meaning they became law on the 91st day after the 2023 legislative session adjourned. The Michigan Employment Relations Commission indicated that would be no later than March 31, 2024, with the exact date depending on adjournment.1State of Michigan. MI Repeal of FTW/RTW The repeal package also blocks Michigan cities and counties from passing their own local right-to-work ordinances, closing off a workaround some municipalities might have tried.
A right-to-work law bars unions and employers from requiring workers to pay dues or fees as a condition of employment. Federal law lets each state make that choice: the National Labor Relations Act generally permits union security agreements but includes a provision allowing states to ban them.2Office of the Law Revision Counsel. 29 US Code 164 – Construction of Provisions Michigan stopped exercising that option.
What This Means for Your Paycheck
Unions and private-sector employers can now include a union security clause in their collective bargaining agreements. If your contract has one, you’ll be required to pay fees to the union even if you don’t want to become a full member. That arrangement is sometimes called an agency shop, where non-members pay a service fee covering their share of collective bargaining and contract administration.
This doesn’t switch on automatically at every unionized workplace. A union security clause has to be bargained for and agreed to by both sides. If your current contract doesn’t contain one, mandatory fees don’t kick in until the next round of negotiations produces one. Once a valid clause is in place, though, an employer can fire a worker who refuses to pay the required fees.
New hires get a federal grace period. Under the NLRA, a union security agreement cannot require you to start paying fees until at least 30 days after your hire date or the effective date of the agreement, whichever comes later.3Office of the Law Revision Counsel. 29 US Code 158 – Unfair Labor Practices You owe nothing on day one.
Paying Fees Without Joining the Union
Being required to pay is not the same as being required to join. Even where a union security clause applies, you can decline full membership and become a “financial core” payer instead. You give up the right to vote on union business or take part in internal union affairs, but you also limit what the union can charge you.
Under the 1988 Supreme Court decision Communications Workers v. Beck, a non-member can only be required to pay for activities directly tied to representation: collective bargaining, contract administration, and grievance handling. The union cannot force you to subsidize lobbying, political campaigns, or other activities unrelated to workplace representation.4National Labor Relations Board. Union Dues
To use these Beck rights, you generally have to notify the union in writing that you object to paying for non-representational activities and ask for a reduction. The union then has to account for how it spends dues money and calculate the portion tied to representation. The reduced fee varies by union, and the gap can be significant where a union spends heavily on politics.
If the union tries to have you fired for refusing to pay after you’ve offered to pay the lawful reduced amount, that’s an unfair labor practice. You can file a charge with the National Labor Relations Board.5National Labor Relations Board. Employer/Union Rights and Obligations
Religious Objections
If paying union fees conflicts with sincerely held religious beliefs, federal law offers a separate accommodation. Under Title VII of the Civil Rights Act, employers and unions must reasonably accommodate religious objections to financially supporting a union unless doing so would create an undue hardship. The typical arrangement redirects an amount equal to the fees to a mutually agreeable charity.6U.S. Equal Employment Opportunity Commission. Section 12: Religious Discrimination
The objection has to be religious, not merely political or philosophical. If your concern is specifically the union’s support for certain political or social causes rather than the union itself, the accommodation may look different, such as reducing the amount owed or redirecting only the portion tied to the objectionable cause.6U.S. Equal Employment Opportunity Commission. Section 12: Religious Discrimination
Workers the Repeal Does Not Reach
The repeal doesn’t hit every Michigan worker the same way. Several groups remain shielded from mandatory fees.
State Classified Employees
Most Michigan state government workers in the classified civil service are governed by the Michigan Civil Service Commission, not the legislature. Commission Rule 6-7.2 requires that union dues deductions be voluntary and individually authorized, and requires the state to tell employees they can decline union membership without any effect on their jobs.7Michigan Civil Service Commission. Civil Service Rules – Section: Chapter 6 Employee-Employer Relations Because the Commission’s authority comes directly from the Michigan Constitution, the legislature’s repeal doesn’t override these rules.
Public-Sector Employees Under Janus
The 2018 Supreme Court decision in Janus v. AFSCME held that forcing public-sector employees to pay union fees without consent violates the First Amendment. No payment to a union may be deducted from a non-member’s wages unless the employee affirmatively agrees to pay.8Justia. Janus v. AFSCME, 585 US ___ (2018) That ruling applies to all government employees nationwide and cannot be overridden by state law. So although House Bill 4004 amended Michigan’s Public Employment Relations Act to allow union security agreements in the public sector, Janus still prevents those agreements from compelling non-consenting workers to pay.
Airline and Railroad Workers
Workers in the airline and railroad industries fall under the Railway Labor Act, a federal law that operates independently of both the NLRA and state labor laws. The RLA has its own union security provisions that explicitly override state law, permitting agreements that require all employees to become union members within 60 days of being hired.9Office of the Law Revision Counsel. 45 USC Chapter 8 – Railway Labor Michigan’s right-to-work law never applied to these workers in the first place, and the repeal doesn’t change their situation.
What to Check in Your Own Workplace
If you work a unionized private-sector job in Michigan, the first thing to find out is whether your current collective bargaining agreement contains a union security clause. If it doesn’t, mandatory fees won’t apply until one is negotiated into the next contract. Your union representative or HR department can tell you where things stand.
If a clause is already in place or gets added at the next renewal, you have a choice. Join as a full member and pay full dues, which comes with voting rights and a say in union governance. Or decline membership and use your Beck rights to pay only the reduced fee covering representational costs. Either way, you’ll owe something to the union while the security clause is in force. What you can’t do is pay nothing and stay employed in that bargaining unit.