2024 Senate Bill 791 / Public Act 145

Labor: collective bargaining; definition of public employee in 1947 PA 336; modify.

An act to amend 1947 PA 336, entitled “An act to prohibit strikes by certain public employees; to provide review from disciplinary action with respect thereto; to provide for the mediation of grievances and the holding of elections; to declare and protect the rights and privileges of public employees; to require certain provisions in collective bargaining agreements; to prescribe means of enforcement and penalties for the violation of the provisions of this act; and to make appropriations,” by amending sections 1 and 14 (MCL 423.201 and 423.214), section 1 as amended by 2023 PA 237 and section 14 as amended by 2012 PA 349.

Mackinac Center Analysis

SB 790-91 would restore a practice known as a dues skim for Michigan’s home healthcare workers. This scheme drains the pocketbooks of workers who devote their lives to caring for chronically sick and disabled citizens, often their own loved ones, to benefit unions. It should be rejected. Home healthcare workers are typically compensated via federal funding, and their employer is the patient they care for. Despite this, SB 790-91 would create a new state entity to act as the “employer” of home healthcare workers to allow them to be unionized. Workers, in turn, are forced to pay hundreds of dollars a year for little in return. In the early 2000s, the SEIU successfully lobbied the Granholm administration to create the Michigan Quality Care Council to act as the employer of home healthcare workers. SEIU Healthcare Michigan was selected as these employees’ exclusive representative, despite fewer than 20% of employees voting in favor of unionization. The result was that the SEIU extracted $6 million in dues payments a year from these workers, despite the union having no employer to bargain against. In theory, a union is supposed to bargain on behalf of employees to secure better terms and conditions of employment. But in this case, there is no real ability for a union to do so. The result is that unions get to collect a portion of the home healthcare worker’s federal stipend. But providers will continue to give the same level of care to their loved ones with less money available to do so. The dues skim is unpopular with workers, and with the Michigan public. When it ended in 2013, SEIU Healthcare’s membership plummeted to 20% of its previous peak. The program is equally unpopular with Michigan voters, who rejected an attempt to enshrine dues skim via Proposition 4 of 2012 by 14 percentage points.

Introduced in the Senate

March 14, 2024

Introduced by Sen. Sylvia Santana (D-2)

Referred to the Committee on Appropriations

June 26, 2024

Discharged from committee

Referred to the Committee of the Whole

Reported without amendment

Passed in the Senate 20 to 18 (details)

Received in the House

June 26, 2024

Referred to the Committee on Appropriations

Sept. 25, 2024

Reported with substitute H-1

Substitute H-1 concurred in by voice vote

Amendment offered by Rep. Sarah Lightner (R-45)

1. Amend page 2, line 21, by striking out subparagraph (ii).

The amendment failed by voice vote

Passed in the House 56 to 53 (details)

Motion to give immediate effect by Rep. Abraham Aiyash (D-9)

The motion prevailed by voice vote

Received in the Senate

Sept. 25, 2024

Substitute H-1 concurred in 20 to 18 (details)

Signed by Gov. Gretchen Whitmer

Oct. 8, 2024