WV Supreme Court Hears from Labor Unions Wanting to Overturn Right to Work Law

By Local News | September 06, 2017
By Jeff Jenkins - WV MetroNews. It’s possible there could be additional delays before a decision is made on the constitutionality of the West Virginia Workplace Freedom Act following an hour of oral arguments Tuesday before the state Supreme Court.

A large crowd of union members turned out against the right-to-work discussion in this March 2015 rally at the state capitol.

Justice Margaret Workman questioned the decision by the office of state Attorney General Patrick Morrisey to bring the right-to-work law to the Supreme Court before there’s been a full hearing on the merits of the case in circuit court.
“I just think you all are taking a shortcut coming up here wanting all of the answers without the lower court having made any substantive ruling on a lot of issues,” Workman told Tom Johnson, who argued the case on behalf of Morrisey.
Morrisey wants the Court to vacate a preliminary injunction entered by Kanawha County Circuit Judge Jennifer Bailey in August 2016. Bailey sided with labor unions that claim the law, approved by the legislature in 2016, would harm them by allowing non-members to benefit from collective bargaining while not having to pay union dues.
“It would invite freeloaders,” attorney Bob Battress, arguing the case for the West Virginia AFL-CIO, told Supreme Court members Tuesday. “Workers can ask, ‘Why should I pay for services that I could get for free?'”
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