Posted on 08/11/2015 12:03:59 PM PDT by MichCapCon
Public sector workers may freely exercise right-to-work under a 4-3 ruling passed down July 29 by the Michigan Supreme Court.
The International Union, United Automobile, Aerospace, and Agricultural Implement Workers of America (UAW) challenged Gov. Rick Snyder, Attorney General Bill Schuette and members of the Michigan Employment Relations Commission on the constitutionality of Public Act 349 of 2012 (right-to-work).
The UAW argued that PA 349 was unconstitutional regarding workers classified as civil service employees and that the Civil Service Commission has the authority to compel civil service workers to pay an agency fee to the union or risk being fired.
Justices Viviano, Markman, Young and Zahra ruled that while the Civil Service Commission has control of salary, benefits, grievance procedures and employment conditions, it does not have the authority to require involuntary payments to the union. Adopting an argument provided by the Mackinac Center Legal Foundation, the majority held that agency fees were akin to a tax on public employees and that the Michigan Civil Service Commission lacked the power to tax.
Justices Bernstein, Kelly and McCormack disagreed with the majority, saying that the Civil Service Commission’s authority includes the ability to force union payments from employees.
“This was an attempt by the UAW to take away the rights of certain workers and force union payments from them, going directly against Michigan law,” said Patrick Wright, vice president for legal affairs at the Mackinac Center. “The majority correctly noted that state employees unions have illegally been receiving agency fees from state employees for decades. 2012 PA 349 was not necessary to end this practice; agency fees for state employees have been illegal since the adoption of the 1963 Constitution.”
“The court recognized that the State Constitution has long prohibited state employees from having to pay agency fees,” Wright said. “We are pleased with the result.”
Putting a stake through the heart of the union vampires.
Not quite as quick but the effect is the same.
Here’s where it pays to research the judges on your ballot. I voted for all three who voted for right to work.
The Freedom loving unions and their Democrat Party lackeys are devastated by the freedom restored to government employees in Michigan. Right to Work laws will continue to grow as state by state the closed union shops are ended.
Too little, too late. Private sector unions are a just a small percent of the workforce anymore, nationwide. The goal now is mainly to get rid of public sector unions in government. The trade unions are being overrun by illegals from all over. Pretty soon, all of the unions and their proponents will be gone, and employers will no longer have to worry about them.
But even then it doesn’t matter, because unless you can get your employees to work for you for Asian wages, you can’t compete, and the Asians get my business.
If you can’t beat the free traders, join them. The chinese beat us hands down in high tech manufacturing, and I can thank the free traders for giving them the technology to do it.
Democrats are always “Pro Choice”, especially when it is forced upon someone.
Can any of the employees sue the union for return of the “fees”?
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