H. B. 2041
(By Delegates Overington, Blair, Roberts,
Evans and Schadler)
[Introduced ; referred to the Committee on Industry and Labor,
Economic and Small Business.]
A BILL to amend the code of West Virginia, 1931, as amended, by
adding thereto a new article, designated §21-11B-1, §21-11B-2,
§21-11B-3, §21-11B-4, §21-11B-5, §21-11B-6, §21-11B-7 and
§21-11B-8, all relating to the right to work and making it a
criminal offense and actionable in court to impose an
obligation on a person, as a condition of employment, to
affiliate with a labor organization and pay dues and other
fees; providing penalties; and providing for relief.
Be it enacted by the Legislature of West Virginia:
That the code of West Virginia, 1931, as amended, be amended
by adding thereto a new article, designated §21-11B-1, §21-11B-2,
§21-11B-3, §21-11B-4, §21-11B-5, §21-11B-6, §21-11B-7 and
§21-11B-8, all to read as follows:
ARTICLE 11B. WEST VIRGINIA RIGHT TO WORK LAW.
§21-11B-1. Definition.
The term "labor organization" means any organization of any
kind, or agency or employee representation committee or union, which exists for the purpose, in whole or in part, of collective
bargaining or of dealing with any employer, or with any public
body, concerning wages, rates of pay, salaries, hours of work,
other forms of compensation, or other terms or conditions of
employment or grievances, or for any other mutual aid or protection
in relation to employment.
§21-11B-2. Right to refrain.
No person is required, as a condition or continuation of
employment, to:
(1) Become or remain a member of a labor organization;
(2) Pay any dues, fees, assessments or other similar charges
however denominated, of any kind or amount to a labor organization;
or
(3) Pay any charity or third party in lieu of those payments,
any amount or pro rata portion of dues, fees, assessments or other
charges required of members of a labor organization.
§21-11B-3. Agreements in violation.
Any agreement, understanding or practice, written or oral,
implied or expressed, between any labor organization and employer
or public body which violates the rights of employees as set out in
the provisions of this article is hereby declared to be unlawful,
null and void, and of no legal effect.
§21-11B-4. Penalty.
Labor organization, employer, public body or other person directly or indirectly violating any provision of this article is
guilty of a misdemeanor and, upon conviction thereof, shall be
fined not less than five hundred dollars nor more than five
thousand dollars.
§21-11B-5. Injunctive relief.
Any person injured as a result of any violation or threatened
violation of the provisions of this article is entitled to
injunctive relief against any and all violators or persons
threatening violations.
§21-11B-6. Damages.
Any person injured as a result of any violation or threatened
violation of the provisions of this article may recover damages,
including costs and reasonable attorney fees, resulting from the
violation or threatened violation. These remedies are independent
of and in addition to the penalties and remedies set out in other
provisions of this article.
§21-11B-7. Duty to investigate.
It is the duty of the prosecuting attorney of each county, and
of the Attorney General of this State, to investigate complaints of
violations or threatened violations of this article, to prosecute
all persons violating any of its provisions, and to take all means
necessary to ensure its enforcement.
§21-11B-8. Exceptions.
The provisions of this article do not apply:
(1) To employers and employees covered by the federal Railway
Labor Act;
(2) To federal employers and employees;
(3) To employers and employees on exclusive federal enclaves;
or
(4) Where they would otherwise conflict with, or be preempted
by, federal law.
NOTE: The purpose of this bill is to prohibit employers and
labor unions from requiring employees to become or remain members
of labor unions as a condition of employment.
This article is new; therefore, strike-throughs and
underscoring have been omitted.