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Union lawsuit calls Michigan right-to-work law unconstitutional
Reuters
Tue, Feb 12 2013
By Deepa Seetharaman
DETROIT (Reuters) - Several labor unions filed a lawsuit in federal court on Monday, saying a Michigan law banning compulsory union membership for private sector employees violates the U.S. Constitution.
The right-to-work law, which goes into effect in late March, contains provisions that go "well beyond" the limits of federal law, said Andrew Nickelhoff, an attorney for the Michigan AFL-CIO, one of the unions that filed the lawsuit.
For example, the Michigan law allows for a $500 civil fine and the possibility of criminal liability for violators, which is not done under the National Labor Relations Act, he said.
"Our position is that so many parts of the right-to-work law are unconstitutional, that the court should strike down the law in its entirety," Nickelhoff said in an interview.
http://www.reuters.com/article/2013/02/12/us-unions-michigan-idUSBRE91B19R20130212
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Dear AAUP Member:
In recent years, American institutions of higher education have begun closing programs that should be part of any serious educational institution’s curricular portfolio. Program closures on the scale we have recently witnessed represent a massive transfer of power from the faculty to the administration over curricular matters that affect the educational missions of institutions, for which the faculty should always bear the primary responsibility.
These developments are addressed in a new draft report issued by the AAUP, The Role of the Faculty in Conditions of Financial Exigency (http://www.aaup.org/report/role-faculty-conditions-financial-exigency).
Increasingly, administrators and governing boards are making budgetary decisions that profoundly affect the curricula and the educational missions of their institutions; rarely are those decisions recognized as decisions about the curriculum, even though the elimination of entire programs of study (ostensibly for financial reasons) has obvious implications for the curricular range and the academic integrity of any university.
This report responds to this state of affairs in two ways: one, by making recommendations intended to ensure the faculty’s primary role with regard to program closures and, two, by proposing revisions to the AAUP’s Recommended Institutional Regulations on Academic Freedom and Tenure (http://www.aaup.org/report/recommended-institutional-regulations-academic-freedom-and-tenure).
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Andrew Nickelhoff
December 18, 2012
Q: What are the right to work laws?
A: On December 11, 2012, the Republican majority in the legislature passed, and
Governor Snyder signed, two right to work laws.
• 2012 Public Act 348 (Senate Bill 116) amends the Labor Mediation Act,
1939 Public Act 176, which covers Michigan private sector employees.
• 2012 Public Act 349 (House Bill 4003) amends the Public Employment
Relations Act (PERA), 1947 Public Act 336, which covers public sector
employees.
The amendments in these two laws are basically the same, with some minor
differences.
Q: What do the right to work amendments do?
A: Public Acts 348 and 349 remove language that permitted union security clauses
(union shop, agency shop or "fair share" agreements). They provide that
employees may not be required, as a condition of obtaining or retaining
employment, to:
• become or remain a member of a union
• pay union dues, fees, assessments, or other charges or expenses or
provide anything of value to a union, or
• make a charitable contribution in lieu of the above.
This will prohibit union security agreements that require non-members to pay
dues, a service fee or fair share as a condition of continued employment.
A person injured by enforcement of a prohibited union security agreement can
bring a civil action for damages and an injunction, and if successful can receive
reimbursement for their attorneys fees and costs.
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