MIDLAND, Mich. — Public sector workers in Michigan still have the right to opt out of union membership, dues and fees, even as the repeal of the state’s right-to-work law takes effect today. The decade-old law protected workers in both the public and private sectors by giving them the freedom to opt out of joining and paying a union.

Only private sector workers are affected by the repeal of the law, and even they still have some rights. Those in unionized workplaces don’t have to rejoin their union and can still opt out of union membership at any time. The primary difference now is that they will have to pay the union agency fees, which often come to 90% of full dues.

Workers in the public sector are still free to opt out of financially supporting their unions at any time. While they were originally impacted by the state’s right-to-work law when it took effect in 2013, their freedom to opt out is now protected thanks to the United States Supreme Court’s 2018 decision in Janus v. AFSCME. This decision protected the First Amendment rights of public sector workers across the country. Since public sector unions are inherently political entities, the high court ruled, requiring workers to pay union dues, agency fees, or anything else would violate their First Amendment rights.

“Repealing the right-to-work law is a signal from lawmakers that Michigan is closed for business,” said Jarrett Skorup, vice president for marketing and communications at the Mackinac Center for Public Policy. “Worker freedom is associated with greater job, income and population growth. Thankfully, public sector workers – teachers as well as employees of state and local government – are fully protected by the U.S. Constitution when it comes to joining a union.”

Tens of thousands of Michigan union members opted out of membership during the years the right-to-work law was in effect. This cost unions more than $50 million annually in lost dues.

The Mackinac Center has resources available for workers looking for more information about their rights. Workers at private companies who want to learn more about their rights can visit www.ProtectMIWorkers.com to get information on how to opt out of union membership and only pay agency fees. For public sector employees working for a school or for a government agency, www.MichiganUnionOptOut.com provides information on how to leave your union.