WEST virginia Legislature

2017 regular session

Introduced

Senate Bill 645

By Senators Jeffries, Beach, Ojeda, Plymale, Prezioso, Stollings and Unger

[Introduced March 17, 2017; Referred
to the Committee on the Workforce; and then to the Committee on the Judiciary]

A BILL to amend and reenact §21-5G-2 of the Code of West Virginia, 1931, as amended, relating to an employer’s right to require training of employees; and clarifying that state law does not preclude an employer from requiring employee training as a condition of employment.

Be it enacted by the Legislature of West Virginia:

That §21-5G-2 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:

ARTICLE 5G.  WEST VIRGINIA WORKPLACE FREEDOM ACT.

§21-5G-2.  Individual’s right to refrain from affiliating with a labor organization; employer’s right to require training.

(a) A person may not be 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 any labor organization; or

(3) Pay any charity or third party, in lieu of those payments, any amount that is equivalent to or a pro rata portion of dues, fees, assessments or other charges required of members of a labor organization.

(b) Nothing contained in this article or any other provision of this code precludes an employer from requiring, as a condition of employment, or continuation of employment, completion of employer-required training that is pertinent to the employee’s employment.

NOTE: The purpose of this bill is to clarify that employers may require employees to participate in required training.

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