2022 marked the 10-year anniversary of Michigan’s right-to-work law. The law was subject to vociferous protests by labor unions when it passed in 2012.[1] One union-endorsed member of the Michigan House of Representatives, in response to the pending adoption of the policy, predicted, “There will be blood … there will be repercussions … and there will be fights.”[2] Although the rhetoric has since cooled, 11 bills were introduced to repeal the law in its first decade.[*] Following the 2022 midterm elections, Gov. Gretchen Whitmer signaled an intent to repeal right-to-work, and Democratic lawmakers have introduced bills to repeal it in both legislative chambers.[3] With Democrats now controlling the Legislature and the governorship, the debate surrounding right-to-work is more relevant than it has been in a decade.
This report examines the underlying principles of right-to-work laws and their legal history. It is thanks to this law that Michigan employees no longer must choose between paying a union and keeping their jobs. It is also thanks to right-to-work that employees are no longer forced to subsidize political speech with which they disagree. These legal protections not only restored employees’ First Amendment rights, but also encouraged unions to better serve the interests of their members. This benefits all workers — including those who choose to remain union members.
This report provides a brief history of right-to-work in Michigan and the right-to-work movement more generally. It will explain some of the benefits of the law, including noneconomic ones, which are often overlooked. This report hopes to inform the ongoing debate about the purpose and merits of right-to-work laws.
[*] These are 2021 House Bill 4175, 2019 House Bill 4034; 2017 Senate Bill 725; 2017 Senate Bill 724; 2017 House Bill 4146; 2015 House Bill 4820; 2015 House Bill 4819; 2015 Senate Bill 263; 2015 Senate Bill 262, 2013 Senate Bill 96; 2013 Senate Bill 95.