Technical Prof and Officeworkers Assn of Mi v. Daniel Lee Renner

Summary

The Michigan Supreme Court held that a public-sector union violates its duty of fair representation when it conditions a nonunion bargaining-unit employee’s access to the collectively bargained grievance process on advance payment of a representation fee, absent express legislative authorization. The Court concluded that the union’s policy discriminated between members and nonmembers, allowed the union to refuse even to assess a grievance unless the fee was paid, and was not authorized by the applicable version of PERA. It affirmed the invalidation of the policy, vacated the lower tribunals’ separate conclusions concerning statutory unfair labor practices, and otherwise affirmed MERC’s decision.