Union Members’ Whistleblower Claims Alleging Unsafe Work Conditions Brought Under Michigan Law Preempted by NLRA
The Supreme Court of Michigan held yesterday that union members’ claims asserted under the Michigan Whistleblowers’ Protection Act alleging retaliation for reporting of unsafe work environments are preempted by the National Labor Relations Act and must be litigated exclusively before the National Labor Relations Board. The court, however, held that claims brought under the same Michigan statute alleging retaliation for reporting suspected criminal misconduct were not preempted by the National Labor Relations Act or the Labor-Management Reporting and Disclosure Act. The court explained that the National Labor Relations Act does not cover the reporting of suspected criminal misconduct and the Labor-Management Reporting and Disclosure Act does not provide union officials with discretion to cover up suspected criminal misconduct by retaliating against employees who report such allegations.
