400.805 Deduction for dues of bargaining representative.
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400.805 Deduction for dues of bargaining representative.
Sec. 5.
The department shall make any deductions from the wages of individual home help caregivers that are authorized under section 7 of 1978 PA 390, MCL 408.477, or otherwise authorized by law. Those deductions include, but are not limited to, deductions of the dues of a bargaining representative where authorized by the individual home help caregiver. As described in section 7 of 1978 PA 390, MCL 408.477, this act expressly allows deductions from the wages of individual home help caregivers in writing or pursuant to any form of authorization given by the caregiver that is permitted and valid under the uniform electronic transactions act, 2000 PA 305, MCL 450.831 to 450.849.
A deduction for a bargaining representative may only be revoked pursuant to the terms of the individual home help caregiver’s authorization. A bargaining representative that certifies that it has and will maintain individual home help caregivers’ authorizations must not be required to provide a copy of an individual authorization to the department unless a dispute arises about the existence or terms of the authorization. An individual home help caregiver’s request to cancel or change deductions for bargaining representatives must be directed to the labor organization and not to the department.
The labor organization is responsible for processing the request to cancel or change deductions. The department shall rely on information provided by the bargaining representative regarding whether deductions for a labor organization were properly canceled or changed, and the labor organization shall indemnify the council for any claims made by the individual home help caregiver for deductions made in reliance on that information.
History: 2024, Act 144 , Eff. Apr. 2, 2025