LANSING, MI - Controversial right-to-work bills are expected to win final approval Tuesday in the Michigan Legislature.
Some questions and answers about the issue:
Question: What is a right-to-work law?
Answer: It prohibits requiring workers to pay union dues or fees as a condition of employment. Twenty-three states have right-to-work laws; the most recent to enact such a law was Indiana earlier this year.
Q: How many Michigan workers are in a union?
A: 17.5 percent are in unions, fifth-highest in the U.S.; 18.3 percent are represented by unions. Nationally, public-sector workers have a union membership rate (37 percent) more than five times higher than that of private-sector workers (6.9 percent).
Q: Do employees have to be in a union?
A: No. Though there may be "closed" or "union" shops under which an employer and union require workers to be members of the union and pay dues, an employee can opt out by paying "agency" or "fair share" fees - the share of dues used for representation such as collective bargaining, contract administration and grievances. Known as objectors, they are still protected by the union contract, according to the National Labor Relations Board. Unions have to tell all covered employees about the "Beck" right, which was created by a 1988 U.S. Supreme Court ruling.
Q: How much do union members pay in dues?
A: The amount varies but can typically equal about two or three hours of pay each month, or 1 to 2 percent of salary. The Michigan Education Association, for instance, charges 1.5 percent but caps dues at no more than $635 a year - not including what teachers and other school employees pay to national and local unions.
Q: How much do members pay if they do not want to be in the union?
A: It differs but it can be 85 to 90 percent of regular dues - a portion that is criticized by anti-union groups as too high considering the amount of money unions spend on political activities.
Q: What if workers have religious objections to union membership?
A: They must pay an amount equal to dues to a nonreligious charitable organization, says the NLRB.
Q: How are dues or agency fees spent?
A: They cover the cost of contract negotiations, arbitration and other union business. They also go toward political causes - either through internal union communications like promoting candidates to union members or external activities such as get-out-the-vote efforts and ballot measures. Employees' voluntary contributions to political action committees - separate from dues or fees - can go directly to candidates.
Q: What does the phrase "right to work" mean?
A: It is a political term that has appeal. Who does not want the right to work, or "freedom to choose?" Proponents of right-to-work laws say the phrase is fitting because workers should not have to involuntarily contribute some of their salary to organizations in order to hold onto their jobs. To them, it also is a matter of protecting employees' constitutional right to freedom of association and attracting business investment. Opponents prefer other terms - right to work (for less) or the right to "freeload." They say workers should not benefit from compensation increases or legal protections included in their contract without paying dues or fees like their co-workers. Without strong, well-financed unions, they contend, the entire workplace is worse off and, on a broader level, the entire middle class.
Q: Why now?
A: Republicans since January 2011 have controlled the House, Senate and governor's office for the first time since 2002. Gov. Rick Snyder had said a right-to-work law was not on his agenda for nearly his entire first two years in office, but last week got behind the legislation. Four main reasons include staying on par with Indiana, which he said is getting more looks from companies looking to expand; increased pressure from business interests, GOP lawmakers, and Republican donors and fundraisers who - buoyed by the defeat of a union-led ballot proposal to lock collective bargaining rights into the state constitution - threatened a 2013 right-to-work ballot measure; Snyder's desire to take a position on the issue one way or another to move on; and his belief that workers should be able to choose what organizations they associate with. Democrats question any economic benefit for the state and say the move is about nothing more than retribution and weakening organized labor, which also happens to be a big source of funding for Democratic candidates.
Q: What is next?
A: Snyder is expected to sign the bills within 14 days of them reaching his desk. Because the measures will not have immediate effect - due to Democratic opposition - they will become law at the end of March.
Q: Can the law be overturned?
A: No, not directly. Republicans are appropriating $1 million for a state agency to respond to public inquiries about the new law, implement it and inform public employers, unions and workers of their new rights and responsibilities. The spending makes the law immune to a voter-initiated referendum. Labor could lead a separate right-to-work ballot drive, though, to effectively nullify the law.
Q: How big of a deal is this?
A: It is huge. Making Michigan the 24th right-to-work state was unheard of not too long ago in the cradle of the U.S. auto industry. Just from a symbolic standpoint, it could embolden right-to-work advocates to press ahead in other states where the GOP has full control. Practically, the law could change the dynamics and power balance between worker and union, business and labor, Republican and Democrat for years to come.
Q: Will there be political repercussions?
A: Unknown. Most immediately, unions could lead recall efforts against GOP legislators or perhaps Snyder himself, though recalling a governor is extremely difficult. The bigger prize is 2014, when Snyder and House and Senate members are up for re-election. Republicans are banking that voters agree with their position and that in two years the right-to-work fight will have subsided in voters' minds if the economy improves. Democrats hope to make the law example No. 1. that the GOP kowtows entirely to corporate and tea party interests at the expense of middle-class workers and values.
Q: Where does the public stand?
A: Before Snyder and legislative leaders announced the right-to-work legislation last week, an EPIC-MRA poll conducted in late November found that 54 percent of likely voters said they generally favored right-to-work laws, with 40 percent opposed. Asked about Michigan becoming a right-to-work state, however, 47 percent were for it and 46 percent against. After hearing pro and con statements, 51 percent opposed the law and 42 percent favored it.
Email David Eggert at deggert1@mlive.com and follow him on Twitter @DavidEggert00