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

1. Background 2. Michigans Freedom to Work Act 3. Changes 4. What Should Colleges Do 5. Questions & Answers Agenda

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

Michigan is the countrys 24 th Right to Work state

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. 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) 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

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. 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

P.A. 348 – amends the Labor Mediation Act and covers the private sector 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 P.A. 349 – amends the Public Employee Relations Act and covers the public sector Michigans New Laws

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

Public police or fire department employees (as defined in PA 312) 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 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

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

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

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

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

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

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

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

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

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

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

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

Questions & Answers