Michigan’s public sector bargaining law, the Public Employment Relations Act (PERA), MCL 423.201 et seq., has long recognized the right of a union to “prescribe its own rules with respect to the . . . retention of membership.” A right-to-work amendment to that law (2012 PA 349) provides that a public employee cannot be forced to “remain a member of a labor organization or bargaining representative or otherwise affiliate with or financially support a labor organization or bargaining representative.” In light of these provisions, can a union limit membership revocation to a one month window period each year? Is this a lawful union rule relating to the retention of union membership? Or, is it an unlawful attempt to force a public employee to remain a member and pay dues?
