Posted on 04/21/2020 12:42:12 PM PDT by buckalfa
A majority of West Virginia’s Supreme Court has upheld the right to work law that has been argued in the court system for years after it first passed the state’s Republican majority Legislature.
Justices reversed a Kanawha Circuit Judge’s earlier ruling that overturned key aspects of the law. The case was remanded back to the lower court, but only to enter summary judgment on behalf of the state.
“Because we have found the Act does not infringe upon association, property, or liberty rights protected by the West Virginia Constitution, we reverse the February 27, 2019 order of the Circuit Court of Kanawha County insofar as it granted partial summary judgment in favor of the Labor Unions,” the Supreme Court’s majority wrote.
The Supreme Court heard oral arguments in mid-January in a courtroom packed with union leaders, business leaders and political figures — back a lifetime ago when people used to gather in large groups.
The case was, officially, “Patrick Morrisey, Attorney General, and the State of West Virginia v. West Virginia AFL-CIO, et al.”
Lawyers for the Attorney General’s office contended that precedent means the law should be upheld.
The unions contended that the act would allow non-union employees of companies to gain the benefits of contract negotiation and other benefits without having to pay.
Chief Justice Tim Armstead, who was Speaker of the House of Delegates when the law passed, stepped aside. He was replaced for this case by Cabell Circuit Judge Gregory Howard. Judicial elections in West Virginia are nonpartisan, but Howard earlier served in the Legislature as a Republican.
Justice Margaret Workman concurred in part and dissented in part.
Justice John Hutchison concurred, but reserved the right to issue his own opinion.
Justice Evan Jenkins, a former legislator and congressman, wrote the opinion for the majority.
West Virginia’s Republican-led Legislature passed the “Workplace Freedom Act” in 2016, and it’s been under review by the court system since then.
The act was filled with economic and political significance when it passed four years ago as Senate Bill 1. Its journey through the court system has maintained interest.
West Virginia’s court system has been considering these matters for years.
Labor unions filed a complaint challenging the act four days before its July 1, 2016, effective date. The unions asked for a preliminary injunction to stop it, and there was an August 10, 2016, hearing in the courtroom of Kanawha Circuit Judge Jennifer Bailey, who announced a preliminary injunction the same day.
From there, it was a long wait.
Judge Bailey issued a written order granting the preliminary injunction on Feb. 23, 2017.
A few months after that, the Supreme Court got involved for the first time, reversing the preliminary injunction. That was a different court that included Workman and Justice Beth Walker, along with then-Chief Justice Allen Loughry and justices Menis Ketchum and Robin Davis.
The majority opinion concluded the unions were unlikely to succeed long-term and scolded Bailey for taking so long.
Bailey then issued a decision overturned key aspects of the law a little more than a year ago, leading back to the Supreme Court.
“The unions contended that the act would allow non-union employees of companies to gain the benefits of contract negotiation and other benefits without having to pay.”
They shouldn’t pay for something they didn’t want to start with.
Because the union is there the employees that don’t pay dues are bared from negotiating a better contract for themselves, they sure as heck shouldn’t be charged for that!
Only the slugs need the union to keep their job.
If the union doesn’t provide sufficient benefit to employees for them to choose to be members, it has no reason to exist.
For the most part unions are obsolete. Workplace laws and minimum wages etc have made the original purpose of unions obsolete.
I am 100% pro-union, because we all have the right to freedom of association. But that also means the freedom to not associate. If you don’t want to join a union, you shouldn’t be forced to.
I don’t understand why workers should pay a union anything. They can organize and have a volunteer committee from the workers that meet every few weeks to discuss workplace issues, and even negotiate for the workers. They don’t need professionals who get paid big bucks, especially if the dues are paid to people who don’t even work at the place! In any group of employees there will be conscientious and vocal advocates for the workers, who are self-interested in getting good wages, better benefits, vacation break time, family time etc. Workers can kick in to cover meeting expenses if they want to - and most would if it was reasonable and voluntary. 500 workers, $1 from each every month would cover the costs to meet once or twice a month.
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