On Sept. 15, the West Virginia Supreme Court of Appeals reversed a preliminary injunction on the state’s Workplace Freedom Act, allowing West Virginia to enforce the state’s Right to Work law as of Oct. 15. The case is Morrisey v. West Virginia AFL-CIO, et al., No. 17-0187.
The act passed in February, 2016 following the legislature’s vote to override a veto by then-Governor Earl Ray Tomblin (D).
According to a press release from the law firm Jackson Lewis P.C., the act applies to any contract entered into, modified, renewed or extended after July 1, 2016.
A total of 28 states have passed Right to Work laws, which guarantee that no person can be compelled, as a condition of employment, to join or not to join, nor to pay dues to a labor union. Section 14(b) of the federal Taft-Hartley Actaffirms the right of states to enact Right to Work laws.
Following passage of the act, West Virginia became the 26th Right to Work state at the time.
In 2016, West Virginia also passed a prevailing wage repeal bill, and in 2015, Gov. Tomblin signed into law ABC’s government neutrality in contracting legislation, becoming the first Democratic governor to sign legislation prohibiting government-mandated PLAs on public construction projects.