SB 335 — Protecting employees' wages or salaries from being withheld or diverted for political activities

 Provided,Provided, That nothing contained in this paragraph may be construed to make unlawful, where not otherwise unlawful, any primary strike or primary picketing;

(D) Forcing or requiring any employer to assign particular work to employees in a particular labor organization or in a particular trade, craftcraft, or class rather than to employees in another labor organization or in another trade, craftcraft, or class, unless such employer is failing to conform to an order of certification of the board determining the bargaining representative for employees performing such work:

 Provided,Provided, That nothing contained in this subsection shall be construed to make unlawful a refusal by any person to enter upon the premises of any employer (other than his or her own employer), if the employees of such employer are engaged in a strike ratified or approved by a representative of such employees whom such employer is required by law to recognize;

(5) To require of employees covered by an agreement authorized under subdivision§21-1A-4(a) (3), subsection (a) of this section,code, the payment, as a condition precedent to becoming a member of such organization, of a fee in an amount which the board finds excessive or discriminatory under all the circumstances.  In making such a finding, the board shall consider, among other relevant factors, the practices and customs of labor organizations in the particular industry, and the wages currently paid to the employees affected;

(B) Where within the preceding twelve12 months a valid election under §21-1A-5(c) of this code has been conducted;

or (C) Where such picketing has been conducted without a petition under §21-1A-5(c) of this code being filed within a reasonable period of time not to exceed fifteen15 days from the commencement of such picketing: picketing: Provided, That when such a petition has been filed the board shall forthwith, without regard to the provisions of said subsection or the absence of a showing of a substantial interest on the part of the labor organization, direct an election in such unit as the board finds to be appropriate and shall certify the results thereof.  Nothing in this subdivision shall be construed to permit any act which would otherwise be an unfair labor practice under this subsection.

(c)Provided, TheThat expressingwhen ofsuch anya views,petition argumenthas orbeen opinion,filed or the disseminationboard thereof,shall whetherforthwith, inwithout written,regard printed,to graphicthe orprovisions visualof form,§21-1A-5(c) shallof notthis constitutecode or bethe evidenceabsence of ana unfairshowing of a substantial interest on the part of the labor practice,organization, ordirect an election in such unit as the board finds to be prohibitedappropriate underand shall certify the results thereof.  Nothing in this article,subdivision ifshall suchbe expressionconstrued containsto nopermit threatany ofact reprisalwhich orwould forceotherwise orbe promisean ofunfair benefit.labor practice under this subsection.

(d)(c) ForThe theexpressing purposes of thisany section,views, toargument, bargainor collectivelyopinion, isor the performancedissemination ofthereof, thewhether mutual obligation of the employer and the representative of the employees to meet at reasonable times and confer in goodwritten, faithprinted, withgraphic, respector tovisual wages,form, hoursshall andnot otherconstitute terms and conditions of employment, or thebe negotiationevidence of an agreement,unfair orlabor anypractice, questionor arisingbe thereunder,prohibited andunder thethis executionarticle, of a written contract incorporating any agreement reached if requested by either party, but such obligationexpression doescontains notno compelthreat eitherof partyreprisal toor agreeforce to a proposal or requirepromise theof makingbenefit. a concession:

 Provided,(d) ThatFor wherethe therepurposes of this section, to bargain collectively is inthe effectperformance aof collectivethe bargainingmutual contractobligation coveringof employees,the employer and the dutyrepresentative of the employees to bargainmeet collectivelyat shallreasonable alsotimes meanand thatconfer noin partygood faith with respect to suchwages, contracthours, shalland terminateother terms and conditions of employment, or modifythe suchnegotiation contract,of unlessan agreement, or any question arising thereunder, and the partyexecution desiringof a written contract incorporating any agreement reached if requested by either party, but such terminationobligation does not compel either party to agree to a proposal or modification:require the making of a concession:

(1)Provided, GivesThat awhere writtenthere noticeis toin theeffect othera partycollective ofbargaining thecontract proposedcovering terminationemployees, orthe modificationduty sixty days prior to thebargain expirationcollectively dateshall thereof,also ormean inthat theno eventparty to such contract containsshall noterminate expirationor date,modify sixtysuch dayscontract, priorunless to the timeparty itdesiring is proposed to make such termination or modification;modification:

(1) Gives a written notice to the other party of the proposed termination or modification 60 days prior to the expiration date thereof, or in the event such contract contains no expiration date, 60 days prior to the time it is proposed to make such termination or modification;

(4) Continues in full force and effect, without resorting to strike or lockout, all the terms and conditions of the existing contract for a period of sixty60 days after such notice is given or until the expiration date of such contract, whichever occurs later.  The duties imposed upon employers, employeesemployees, and labor organizations by this subdivision and subdivisions§21-1A-4(d)(2) (2) and (3)§21-1A-4(d)(3) of this subsectioncode shall become inapplicable upon an intervening certification of the board, under which the labor organization or individual, which is a party to the contract, has been superseded as or ceased to be the representative of the employees subject to the provisions of §21-1A-5 of this code, and the duties so imposed shall not be construed as requiring either party to discuss or agree to any modification of the terms and conditions contained in a contract for a fixed period, if such modification is to become effective before such terms and conditions can be reopened under the provisions of the contract.  Any employee who engages in a strike within the sixty-day60-day period specified in this subsection shall lose his or her status as an employee of the employer engaged in the particular labor dispute, for the purposes of this section and §21-1A-3 and §21-1A-5 of this code, but such loss of status for such employee shall terminate if and when he or she is reemployed by such employer.

(e) It shall be an unfair labor practice for any labor organization and any employer to enter into any contract or agreement, express or implied, whereby such employer ceases or refrains or agrees to cease or refrain from handling, using, selling, transportingtransporting, or otherwise dealing in any of the products of any other employer, or to cease doing business with any other person and any such contract or agreement entered into heretofore or hereafter shall be to such extent unenforceable and void.

            (f)  It shall be an unfair labor practice for any labor organization to use agency shop fees paid by an individual who is not a member of the organization to make any contributions or expenditures to influence an election or to operate a political committee, unless affirmatively authorized by the individual.  Any such authorization is valid for no more than months from the date it is made by the individual.  For purposes of this section, “agency shop fees” shall mean any dues, fees, assessments, or other similar charges, however denominated, of any kind or amount to the labor organization: organization: Provided, That the provisions of this subsection shall not otherwise apply to or abrogate a written or oral contract or agreement or any provisions thereof in effect on or before June 30, 2018.

Provided, That the provisions of this subsection shall not otherwise apply to or abrogate a written or oral contract or agreement or any provisions thereof in effect on or before June 30, 2018.

(b) The term “employee” or “employees” includes any person suffered or permitted to work by a person, firmfirm, or corporation.

(c) The term “wages” means compensation for labor or services rendered by an employee, whether the amount is determined on a time, task, piece, commissioncommission, or other basis of calculation.

As used in §21-5-4, §21-5-5, §21-5-8a, and §21-5-10, and §21-5-12 of this code, the term “wages” shall also include then accrued fringe benefits capable of calculation and payable directly to an employee:

(f) The term “special agreement” means an arrangement filed with and approved by the commissioner whereby a person, firmfirm, or corporation is permitted upon a compelling showing of good cause to establish regular paydays less frequently than once in every two weeks:

(g) The term “deductions” includes only those amounts required by law or court order to be withheld, and those amounts authorized for union or club dues,dues pension plans, payroll savings plans, credit unions, charitiescharities, and hospitalization and medical insuranceinsurance. required by the terms of an employer-sponsored or employer-provided plan or program providing fringe benefits in which the employee is a participant.

(j) The term “construction” means the furnishing of work in the fulfillment of a contract for the construction, alteration, decoration, paintingpainting, or improvement of a new or existing building, structure, roadwayroadway, or pipeline, or any part thereof, or for the alteration, improvementimprovement, or development of real property:

(k) The term “minerals” means clay, coal, flagstone, gravel, limestone, manganese, sand, sandstone, shale, iron oreore, and any other metallurgical ore.

(l) The term “fringe"fringe benefits”benefits" means any benefit provided an employee or group of employees by an employer, or which is required by law, and includes, regular vacation, graduated vacation, floating vacation, holidays, sick leave, personal leave, production incentive bonuses, sickness and accident benefits and benefits relating to medical and pension coverage but is not limited to, benefits provided pursuant to any welfare plan or pension plan, subject to the Employee Retirement Income Security Act of 1974 in which the employee is a participant, including, but not limited to, benefits for medical, surgical, or hospital care, sickness, accident, disability or death, unemployment, vacation, holidays, apprenticeship or training, day-care,day care, education, prepaid legal services, severanceseverance, and retirement or post retirement. retirement. (m) The term “employer” means any person, firm or corporation employing any employee.

(n)regular Thevacation, termgraduated “doingvacation, businessfloating invacation, thisholidays, state”sick meansleave, havingpersonal employeesleave, activelyproduction engagedincentive inbonuses, thesickness intendedand principalaccident activitybenefits ofand thebenefits person,relating firmto ormedical corporationand inpension Westcoverage. Virginia.

(m) The term “employer” means any person, firm, or corporation employing any employee.

(n) The term “doing business in this state” means having employees actively engaged in the intended principal activity of the person, firm, or corporation in West Virginia.

(a) Every person, firmfirm, or corporation doing business in this state, except railroad companies as provided in §21-5-1 of this code, shall settle with its employees at least twice every month and with no more than nineteen19 days between settlements, unless otherwise provided by special agreement, and pay them the wages due, less authorized deductions and authorized wage assignments, for their work or services.

(b) Payment required in subsection§21-5-3(a) (a) of this sectioncode shall be made:

The term “payroll card account” means an account in a federally insured depository institution that is directly or indirectly established through an employer and to which electronic fund transfers of the employee’s wages, salary, commissionscommissions, or other compensation are made on a recurring basis, whether the account is operated or managed by the employer, a third-party payroll processor, a depository institution or another person.

“Payroll card” means a card, codecode, or combination thereof or other means of access to an employee’s payroll card account, by which the employee may initiate electronic fund transfers or use a payroll card to make purchases or payments.

Payment of employee compensation by means of a payroll card must be agreed upon in writing by both the person, formfirm, or corporation paying the compensationcompensation, and the person being compensated;

or (4) By any method of depositing immediately available funds in an employee’s demand or time account in a bank, credit unionunion, or savings and loan institution that may be agreed upon in writing between the employee and such person, firmfirm, or corporation, which agreement shall specifically identify the employee, the financial institution, the type of accountaccount, and the account number:

Provided, That nothing herein contained shall be construed in a manner to require any person, firmfirm, or corporation to pay employees by depositing funds in a financial institution.

(c) If,If at any time of payment,payment any employee shall be absent from his or her regular place of labor and shall not receive his or her wages through a duly authorized representative, he or she shall be entitled to payment at any time thereafter upon demand upon the proper paymaster at the place where his or her wages are usually paid and where the next pay is due.

(d) Nothing herein contained shall affect the right of an employee to assign part of his or her claim against his or her employer except as in subsection§21-5-3(e) (e) of this section.code.

Provided, however, That nothing herein contained shall be construed as affecting the right of employer and employees to agree between themselves as to deductions to be made from the payroll of employees The changes to this section which were adopted by the Westregular Virginiasession Legislatureof the Legislature, 2018, in 2018this bill apply to any written or oral contract or agreement entered into, modified, renewedrenewed, or extended on or after July 1, 2018:  Provided, however, That the provisions of this subsection shall not otherwise apply to or abrogate a written or oral contract or agreement or any provisions thereof in effect on or before June 30, 2018.