P.A. 349 Right to Work

1. P.A. 349Right to Work What does the new law mean for Michigan’s community colleges? February 22, 2013 Luke Pickelman, for the Michigan Community College Association Brandon Zuk, Fraser, Trebilcock, Davis, and Dunlap, Lansing, Michigan

2. Background • Michigan’s Freedom to Work Act • Changes • What Should Colleges Do • Questions & Answers Agenda

3. Right to Work legislation prohibits employers from requiring employees to join or financially support a union where the employer has a unionized workforce. What is “Right to Work?”

4. Michigan is the country’s 24th Right to Work state

5. A “union security clause” is a collective bargaining agreement provision that requires an employee to either become a member of the union or at least pay union “agency fees” in order to remain employed. • Such clauses typically require employer to deduct dues/agency fees from employee paychecks and remit them to union (upon valid authorization form from employee) “Union Security Clause”

6. Unions are legally obligated to represent employees who refuse to join the union or pay union dues during collective bargaining and grievance proceedings. However, these employees will not have the right to vote in union elections or for ratification of collective bargaining agreements. “Freeloader Effect”

7. P.A. 348 – amends the Labor Mediation Act and covers the private sector • P.A. 349 – amends the Public Employee Relations Act and covers the public sector Michigan’s New Laws

8. PA 349 – Public Employment Relations Act “Public Employee” – a person holding a position by appointment or employment in the government of this state, in the government of one or more of the political subdivisions of this state, in the public school service, in a public or special district, in the service of an authority, commission, or board, or in any other branch of the public service Coverage

9. Public police or fire department employees (as defined in PA 312) • Persons employed by private entity that provides services under time-limited contract with state/political subdivision of the state or who receives a direct or indirect government subsidy in his or her private employment Coverage - Exceptions

10. Preserves employees rights to “…form, join, assist a [union]; engage in…concerted activities for the purpose of…Bargaining. • Refrain from these activities • Prohibit (as a condition of employment): • Membership in – or resignation from – a union • Payment of dues, fees, assessments, charges, or “anything of value” to a union • Charitable contributions in lieu of dues, etc. What the new laws do

11. Prohibits the use of force, intimidation, or threats to compel or attempt to compel a person to: • Become or remain a member of, or financially support, a union; or • Refrain from joining or financially supporting a union. What the new laws do

12. “An agreement, contract, understanding or practice…that violates [the new prohibitions] is unlawful and unenforceable…” • This applies to any agreements, contracts, understandings or practices that “take effect, are extended or renewed” following the effective date. Triggering Events

13. “91st day after the final adjournment of 2012 Regular Session” March 27, 2013 Effective Date

14. Civil fine of not more than $500 Civil action for injunctive relief Civil action for damages, costs and reasonable attorney fees Standing: “any person” Jurisdiction: Circuit Court Statute of Limitations: PA 349 does not specify; to be determined by the courts Remedies

15. Employees: cannot be compelled to pay dues or join unions • Employers: cannot be compelled to discharge employees for not paying dues or joining unions • Fines/lawsuits for using intimidation against employees not paying/joining Changes in Labor Relations

16. Fair Representation: Unions still have the legal requirement to represent employees who refuse to join or pay dues during collective bargaining and grievance/arbitration proceedings. However, employees not joining may not have the right to vote in union elections or for the ratification of CBAs. Union duties

17. Recognize / bargain with union • Collect dues pursuant to valid CBA in conformance with the Act • Honor all contract provisions • CBA  (except for union security) still applies to all employees in a bargaining unit Employer Duties

18. Protected Activity • Organize/join/assist labor organization • Bargaining • Protected communication • Voting Rights • Bargaining unit members who are not also union members have no right to vote in elections/contract ratification Employee Rights

19. Employee Communication • Train management • Posters • Language – no chilling, restraining, undermining, animus • Trained designee for questions What Should Colleges Do?

20. Bargaining Strategy • Document Review • CBA • Dues deduction authorization cards/forms What Should Colleges Do?

21. Questions & Answers