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Ruling on Legality of West Virginia's Right to Work Law Expected in Early 2017


Recently, Kanawha Circuit Judge Jennifer Bailey heard arguments from lawyers for both the West Virginia government and labor unions in regard to the legality of Senate Bill 1, West Virginia's 'right to work' law.  The bill, introduced early this year (subsequently passed by the West Virginia Legislature, vetoed by the Governor on February 11, and then subsequently overridden the next day), would turn the state into the 26th right to work state in the country.  

Critics of the legislation argue that not requiring employees, who join a workplace with a union, to have to pay union dues (regardless of whether they support the union or not) amounts to an unlawful taking.  Proponents of the right to work counter and argue that the right to participate in a labor union cannot be 'construed as a further right to compel other employees.'

At this time, an injunction is in place to prohibit the legislation from being enforced.  In the meantime, we wait for Judge Bailey's ruling.  Regardless of how the Judge rules, I would expect the losing side to appeal.  Buckle up, this one is far from over.


For additional information:  http://wvmetronews.com/2016/12/02/now-no-ruling-on-whether-w-va-goes-right-to-work-until-2017/

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