WEST VIRGINIA LEGISLATURE

2026 REGULAR SESSION

Introduced

House Bill 5542

By Delegates Hornbuckle and Garcia

[Introduced February 16, 2026; referred to the Committee on Energy and Public Works then the Judiciary]

A BILL to repeal §21-5G-1, §21-5G-2, §21-5G-3, §21-5G-4, §21-5G-5, §21-5G-6, and §21-5G-7 all relating to repealing limitations placed on labor unions intended to weaken collective bargaining by requiring labor unions to represent workers who are not members of their organization.

Be it enacted by the Legislature of West Virginia:

§21-5G-1. Definitions.

[Repealed].

§21-5G-2. Individual's right to refrain from affiliating with a labor organization.

[Repealed].

§21-5G-3. Contracting for exclusion from employment because of affiliation or nonaffiliation with a labor organization.

[Repealed].

§21-5G-4. Criminal penalty.

[Repealed].

§21-5G-5. Civil relief; damages.

[Repealed].

§21-5G-6. Exceptions.

[Repealed].

§21-5G-7. Applicability; severability.

[Repealed].

NOTE: The purpose of this bill is to repeal West Virginia’s right-to-work law and restore the ability of employees and labor organizations to enter into voluntary agreements that fairly allocate the costs of collective bargaining and representation by requiring union membership for employment where other similarly employed persons at that employer have elected to be represented by a 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.