Right-To-Work Applies to State Workers, According to Supreme Court

In an opinion authored by Chief Justice Robert Young Jr., the Michigan Supreme Court ruled that Michigan’s civil service workers are subject to the right-to-work requirements that allow for employees to choose to join a union. The decision in UAW v. Green, states that the Civil Service Commission is not allowed to force employees to pay agency fees, which fund the commission’s operations.

The ruling, which upheld the Court of Appeals decision, came in a 4-3 decision, with Chief Justice Young, Justice David Viviano, Justice Brian Zahra, and Justice Stephen Markman voting to uphold the ruling. Justices Mary Beth Kelly, Richard Bernstein, and Bridget McCormack dissented.

In the majority opinion, Chief Justice Young stated that due to the fact that the Civil Service Commission’s financing comes from a requirement that the Legislature must appropriate funds equaling at least 1 percent of the state’s payroll to the commission, and their ability to require the Legislature to budget for employee pay raises, the commission is open to right-to-work laws. Mr. Young also stated that it was impossible for voters to predict that civil servants would be required to pay fees as an additional source of funding for the commission when the Constitution was enacted.

In the dissent, Justice Mary Beth Kelly stated that the court was wrong to say that the commission was acting outside its power when collecting agency fees, as this falls within the commission’s power to regulate state employees. She also argued that the right-to-work law unconstitutionally clashed with the ability to regulate state workers, as the Constitution specifically limits the Legislature’s ability to interfere with disputes with state workers.

The decision saw mixed reactions throughout the state, as the Michigan Corrections Organization authored a memo to its members saying that this decision will allow the legislature more control over state workers. The Michigan Freedom Fund supported the decision, stating that it was a victory for employees across the state who have been attacked by union leaders.

posted by PAA Online , Friday, July 31, 2015 11:20 AM
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