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W.Va. Supreme Court upholds long-argued right to work law

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By Brad McElhinny, Wv MetroNews

April 21, 2020

A majority of West Virginia’s Supreme Court has upheld the right to work law that has been argued in the court system for years after it first passed the state’s Republican majority Legislature.

The act said people may choose to be employed in unionized workplaces without actually joining the union or paying regular union dues. Unions contended that represented a “taking” of representation without fair compensation.

Today, justices reversed a Kanawha Circuit Judge’s earlier ruling that overturned key aspects of the law. The case was remanded back to the lower court, but only to enter summary judgment on behalf of the state.

“Because we have found the Act does not infringe upon association, property, or liberty rights protected by the West Virginia Constitution, we reverse the February 27, 2019 order of the Circuit Court of Kanawha County insofar as it granted partial summary judgment in favor of the Labor Unions,” the Supreme Court’s majority wrote.

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