SB330 HJUD AM 3-8

The Committee on Judiciary moves to amend the bill on page 1, after the enacting section,  by striking out everything thereafter and inserting in lieu thereof the following:

ARTICLE 5G. WEST VIRGINIA WORKPLACE FREEDOM ACT.

§21-5G-1. Definitions.

As used in this article: the following terms have the following definitions

(a) (1) The term “person” means any individual, proprietorship, partnership, firm, association, corporation, labor organization or any other legal entity.  

(b) (2) The term “labor organization” means any organization, agency, union or employee representation committee of any kind that exists, in whole or in part, to assist employees in negotiating with employers concerning grievances, labor disputes, wages, rates of pay or other terms or conditions of employment.

(c) (3) The term “employer” means any person employing at least one individual in the state or any agent of an employer employing at least one individual in the state.

(d) The term “state” means any officer, board, branch, commission, department, division, bureau, committee, agency, authority or other instrumentality of the State of West Virginia

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

(a) Construction. — Except to the extent expressly prohibited by the provisions of this  article, nothing in this article is intended, or should be construed, to change or affect any law

concerning collective bargaining or collective bargaining agreements in the building and construction industry

(b) (a) Applicability. — This article applies to any written or oral contract or agreement entered into, modified, renewed or extended on or after July 1, 2016: Provided, That the provisions of this article shall do not otherwise apply to or abrogate a written or oral contract or agreement in effect on or before June 30, 2016.

(c) (b) Severability. — If any provision of this act article or the application of any such provision of this article to any person or circumstance should be is held invalid by a court of  competent jurisdiction, the remainder of this act article or the application of its provisions to persons or circumstances other than those to which it is held invalid shall is not be affected thereby.