Michigan State Court of Appeals Upholds Ruling Striking Down MEA Union “Window Period” Restrictions on Resignations
Decision upholds the right of Michigan Employees to leave a union at any time
Detroit, MI (May 3, 2017) –The Michigan State Court of Appeals has upheld the Michigan Employee Relations Commission’s (MERC) ruling that affirmed the right of Michigan employees to leave a union at any time. The case was brought by public school employees with free legal assistance from National Right to Work Legal Defense Foundation staff attorneys. The Appeals Court decision comes in response to union lawyers’ challenge of MERC’s ruling that so-called “Window Periods” limiting to only a few weeks the time when an employee can resign from a union are an illegal restriction of employees’ rights and violate Michigan’s Right to Work law.
Alphia Snyder, a Battle Creek Public Schools employee, resigned her union membership in April 2013, after the pre-existing monopoly bargaining agreement expired and she became fully covered by Michigan’s public sector Right to Work law. However, Michigan Education Association (MEA) union officials insisted that Snyder could only leave the union during an annual 30 day window period in August. Throughout the fall of 2013, Snyder received several demands from MEA bosses for forced dues, and she filed unfair labor practice charges against the MEA in the spring of 2014.
Similarly, Grand Blanc Community Schools employee Mary Carr resigned her union membership in November of 2013, just as she became fully covered by Michigan’s Right to Work Law. However, MEA officials responded to Carr’s resignation letter by informing her it would not be effective until the following August “window” period. Union officials then sent multiple demands for forced dues, and eventually threatened Carr that if she did not pay the forced dues, they would dispatch debt collectors. Carr also filed unfair labor practice charges against the MEA in the spring of 2014.
Additionally, Mark Norgan, a Standish-Sterling Community Schools employee, resigned his union membership in October 2013 and asked to only pay the part of dues he was forced to pay as a condition of employment as was his right under the Foundation-won Supreme Court case Chicago Teachers Union v. Hudson, because he was still under a monopoly bargaining contract until June 30, 2015. He was told by the Michigan Education Association (MEA) union that he could only leave the union during the annual 30 day window period, and both of his requests were denied. He also filed unfair labor practice charges against the MEA in the spring of 2014.
“This decision by the Michigan Court of Appeals is a big win for worker freedom in the Wolverine State,” commented National Right to Work Foundation President Mark Mix. “Right to Work simply protects an employee’s right to decide for him or herself whether to join and financially support a union. As the court’s decision makes clear, that freedom of choice cannot be limited to one month a year.”
Source: The National Right to Work Legal Defense Foundation is a nonprofit, charitable organization providing free legal aid to employees whose human or civil rights have been violated by compulsory unionism abuses. The Foundation, which can be contacted toll-free at 1-800-336-3600, is assisting thousands of employees in almost 200 cases nationwide.
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Legal Notice: Though forced dues will again be legal in the private sector, Michigan workers can still reject union boss demands to join union and fund union political activities