Union officials violated Michigan’s Right to Work law by extending requirement that teachers pay fees or be fired

Detroit, MI (October 12, 2017) – The Michigan Employment Relations Commission (MERC) has ruled that the Clarkston Education Association (CEA) and Michigan Education Association (MEA) violated Michigan’s Right to Work protections for public employees by illegally extending a forced dues clause in the monopoly bargaining agreement after the law took effect. The Commission also found that Clarkston Community Schools officials violated the law by agreeing to union officials’ demands for the illegal extension. Both the school district and the unions were fined making this the first case of its kind to monetarily penalize violators of the Right to Work law.

The ruling stems from State charges filed with MERC by Ron Conwell, a Michigan public school teacher, with free legal assistance from National Right to Work Legal Defense Foundation staff attorneys. In August 2015, Conwell resigned his union membership. Later in August, teacher union officials informed Conwell that he was still required to pay union fees or be fired.

Michigan’s Right to Work Law provides that contracts or agreements entered into after the law went into effect must respect workers’ right to refrain from the payment of any union dues or fees as a condition of employment. Union bosses illegally extended the forced dues clause after the law went into effect on March 28, 2013. Therefore, Conwell could not legally be required to pay union dues or fees.

MERC ordered that Clarkston Community Schools, CEA, and MEA cease and desist from interfering with employees who exercise their rights under Michigan’s Right to Work Law. The decision also orders the CEA and MEA to stop threatening employees with termination based on an unlawful monopoly bargaining agreement provision that they have challenged.

“In their desperate attempt to keep their forced dues money stream flowing, Michigan union bosses repeatedly have violated the protections for workers under Michigan’s Right to Work law,” said Mark Mix, President of the National Right to Work Foundation. “Foundation staff attorneys continue to assist dozens of independent minded workers in fighting back against Big Labor’s orchestrated campaign to undermine Right to Work in Michigan.”

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, assists thousands of employees in about 200 cases nationwide per year.