Unions representing Michigan state workers are suing Michigan Civil Service Commission members in federal court over a recent rule change requiring workers annually consent to having union dues deducted from their paychecks.
State union workers’ dues payments were previously automatically deducted after a one-time authorization, and workers had the option to opt-out at any time. In July, the commission voted 3-1 to require workers to opt-in to paying dues fees annually.
The suit, filed in U.S. District Court for the Eastern District this week, claims the new rule requiring annual authorization conflicts with previously approved collective bargaining agreements and violates workers’ constitutional rights to free speech and association.
Representatives of AFSCME, SEIU and UAW said in a joint statement the change is “particularly galling” considering many state workers are currently working remotely or taking on additional risks in the workplace during the COVID-19 pandemic.
The suit claims there is “no legally supportable reason” for changing the commission rules.
“Plaintiff Unions and, we believe, many of their members, have come to the unavoidable conclusion that the Commission’s action was motivated by hostility towards unions,” the suit reads.
The four-person commission voted 3-1 in favor of the amendment during a July hearing. Supporters said at the time the move protects state union workers’ rights and is in line with the state’s Right to Work law.
“I do not agree with claims that it impacts rights to collective bargaining,” Commissioner Jase Bolger said at the commission’s July 13 public meeting. “Instead, unions will be able to make their case, but I do believe it protects individual workers’ rights. Workers will remain free to make their choice.”
Bolger and Commissioners James Barrett and Jeff Steffel voted in favor of the rule change, while Chair Janet McClelland voted against it. All of the commissioners were appointed by former Gov. Rick Synder. Bolger and Barrett are registered Republicans. Steffel and McClelland are Independents.
The change was opposed by Gov. Gretchen Whitmer and Michigan Attorney General Dana Nessel. Nessel has said the rule change causes a “burdensome process for an employee to exercise his or her rights to associate with a union and financially support it.”
In a statement after the suit was filed, several union members expressed frustration that major changes to how union members pay their dues were being rolled out during the COVID-19 pandemic.
“I’ve been working around 10 hours a day, six days a week at the Unemployment Insurance Agency, trying to process all the skyrocketing claims so struggling Michiganders can keep a roof over their heads and put food on the table,” said Roland Whitelow, a Detroit unemployment insurance agent and member of SEIU Local 517M.
“State employees are dedicated to supporting the people of our state, and all we ask for in return is fair treatment,” he continued.
Related: Commission approves controversial rule change on union dues for state workers