WEST virginia legislature

2019 regular session

Introduced

Senate Bill 322

By Senators Maynard and Maroney

[Introduced January 16, 2019; Referred
to the Committee on the Judiciary]

A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §21-5G-2a, relating to allowing a labor union not to represent an employee who does not belong to the union.

Be it enacted by the Legislature of West Virginia:

article 5g. west virginia workplace freedom act.

§21-5G-2a. Right not to represent.

(a) The Legislature finds the duty of unions to represent nonmembers is a question which is solely within the jurisdiction of the states to determine.

(b) A labor union is not required to represent any employee who chooses not to belong to the union. The act of not joining the union is a declaration by the employee that he or she does not wish to be represented by the union in any capacity.

NOTE: The purpose of this bill is to not require a labor union to represent an employee who chooses not to belong to the union.

Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.