HB 2849 — Repeal Right-to-Work legislation

Bill Text

• Introduced Introduced Version Current html

Compared against the W. Va. Code as published AI-generated reading aid — verify against the official bill.

The bill repeals the West Virginia Workplace Freedom Act, eliminating the provisions regarding individual rights related to labor organization affiliation.

• §21-5G-1

  §21-5G-1. Definitions. As used in this article: (1) The term “person” means any individual, proprietorship, partnership, firm, association, corporation, labor organization or any other legal entity.(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.(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.

  This removes the definitions of key terms related to labor organizations and employment.

• §21-5G-2

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

  This eliminates the protections preventing employers from requiring union membership or payments as a condition of employment.

• §21-5G-3

  §21-5G-3. Contracting for exclusion from employment because of affiliation or nonaffiliation with a labor organization. Any agreement, contract, understanding or practice, either written or oral, implied or expressed, between any labor organization and an employer or public body which provides for the exclusion from employment of any person because of membership in, affiliation with, resignation from, or refusal to join or affiliate with any labor organization or employee organization of any kind is hereby declared to be unlawful, null and void, and of no legal effect.

  This voids the law that made agreements for excluding individuals from employment based on their union status illegal.

• §21-5G-4

  §21-5G-4. Criminal penalty. Any person who knowingly requires another person, as a condition or continuation of employment, to perform any of the conduct enumerated in section two of this article, is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $500 nor more than $5,000.

  This removes the criminal penalties for employers who require union affiliation or similar actions.

Action History

1. March 02, 2021

   To House Small Business, Entrepreneurship and Economic Development

2. March 02, 2021

   Introduced in House

3. March 02, 2021

   To Small Business, Entrepreneurship and Economic Development then Workforce Development then Judiciary

4. March 02, 2021

   Filed for introduction

Sponsors

• Thompson · Primary
• Walker · Cosponsor
• Kayla Young · Cosponsor
• Doyle · Cosponsor
• Sean Hornbuckle · Cosponsor

Subjects