In UAW v. Green, the Michigan court of appeals rejected in a 2-1 decision the argument that the Michigan Constitution gave the civil service commission exclusive authority of the terms and conditions of employment of public employees which would preclude the right to work law from impacting public employees. The court held that the conferral of authority to the civil service commission to regulate civil service employment did not prevent the legislature from enacting laws covering all sectors of employment with respect to labor law. The court noted that a number of laws applied with equal force to both the private and public sectors. The case will likely be appealed to the Michigan Supreme Court.
The case is the first decision addressing the constitutionality of Michigan's right to work laws. To paraphrase Winston Churchill, this case is not the end; it is not the beginning of the end, it is the end, perhaps, of the beginning. The ultimate resolution of the right to work battle will likely continue through the next election where the unions will try to elect a legislature that will repeal the laws.