Public-sector union policy in West Virginia

Public-sector union policy in the U.S.
Collective bargaining laws
Relevant legislation
Relevant litigation
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Janus v. AFSCME
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On June 27, 2018, the Supreme Court of the United States issued its decision in Janus v. American Federation of State, County, and Municipal Employees (Janus v. AFSCME), a case concerning the constitutionality of public-sector labor union agency fees. In its 5-4 decision, the court ruled that being required to give any financial support to a union violates employees' rights under the First Amendment to the United States Constitution. With Janus, the high court overturned the precedent established in Abood v. Detroit Board of Education that had permitted public-sector unions to collect agency fees to support non-political activities such as collective bargaining efforts and administrative work.

In anticipation of and in response to this ruling, bills relating to public-sector employee unions were introduced in state legislatures across the United States. This article provides general information on public-sector unions and relevant legislation in West Virginia.

Background

Generally, members of an employee union pay fees to that union. These fees support the union's activities, which can include collective bargaining and contract administration, as well as political activities, such as lobbying. Some public-sector employees do not wish to join a union, and some are opposed to unions' political activities. In 1977, the Supreme Court of the United States ruled, in Abood v. Detroit Board of Education, that employees cannot be required to give financial support to a union's political activities. However, the court found that it was not a violation of employees' rights under the First Amendment to the United States Constitution to require them to pay fees to support union activities from which they benefit, such as collective bargaining. This ruling was overturned by Janus, which held that such fees are not constitutional.

Relevant legislation in West Virginia

See also: Public-sector union policy in the United States, 2018-2023

This legislation tracking project has been archived. Click here to view public-sector union legislation introduced from 2018 to 2023.

Noteworthy events

West Virginia Supreme Court of Appeals overturns circuit court’s block of union dues law (2021)

On November 22, 2021, the West Virginia Supreme Court of Appeals overturned a circuit court order blocking a state law prohibiting public-sector employers from deducting union dues from employee paychecks.

• Click here for more details about this case

  Gov. Jim Justice (R) signed Republican-sponsored House Bill 2009 on March 30, 2021. The bill was scheduled to go into effect on June 17, 2021. Among the bill's provisions was a ban on "deductions and assignments of earnings for union, labor organization, or club dues or fees" from the paychecks of state, county, and certain municipal employees, including teachers and other school personnel.

  Twelve unions, including the West Virginia AFL-CIO, West Virginia Education Association, and West Virginia Troopers Association, filed a lawsuit to block the law from going into effect in the Kanawha County Circuit Court on May 20, 2021. On June 16, 2021, Circuit Judge Tera Salango temporarily blocked the law from going into effect, ruling the unions’ case was likely to be successful.

  The West Virginia attorney general’s office appealed Salango’s ruling to the West Virginia Supreme Court of Appeals. The court heard arguments in the case on October 26, 2021.

  On November 22, 2021, the court ruled 3-2 to overturn Salango’s order and send the case back to the circuit court. Justice Beth Walker wrote the majority opinion, joined by Chief Justice Evan Jenkins and Justice Tim Armstead. Walker wrote:

  “

  A preliminary injunction is a powerful remedy that should issue only after a court has carefully considered the parties’ arguments, evidence, and relevant authorities. Our review of the circuit court’s order preliminarily enjoining the new law from taking effect reveals that it is a product of less than careful consideration. We conclude that the likelihood of Respondents’ success on the merits of their claims—that the new law violates their constitutional rights—is far less than the circuit court believed it to be. For that reason, and when viewed in the context of other factors relevant to the issuance or refusal of a preliminary injunction, we conclude that the circuit court abused its discretion when it granted Respondents injunctive relief. So, we reverse the circuit court’s order, dissolve the injunction, and remand for further proceedings.

  ”

  Justice John A. Hutchison filed a dissenting opinion, which Justice William Wooton joined. Hutchison wrote:

  “

  By dissolving the preliminary injunction, the majority has ensured that any victory by the respondents on remand will be pyrrhic, at best. First, once this Court’s mandate has issued and the injunction is dissolved, the horse will be out of the barn. Second, it is clear from the majority’s opinion that no matter what the circuit court may do or say, this case has been decided and the Paycheck Protection Act will be upheld when the case reaches this Court again.

  ”

See also

Select a state on the map below to read more about public-sector employee union legislation in that state.

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http://ballotpedia.org/Public_sector_union_policy_in_STATE

• West Virginia State Legislature
• Janus v. AFSCME
• Supreme Court of the United States

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