CORRIDOR CHRONICLE
Morrisey defends workplace freedom
by Ron Gregory
Charleston — Attorney General Patrick Morrisey commended the West Virginia Supreme Court of Appeals on Tuesday for “adhering to the rule of law in upholding the state’s Workplace Freedom Act.”
“We applaud the state Supreme Court of Appeals for upholding the rule of law with an opinion that finally brings clarity on this important question. This is a major victory for worker choice. This is not a pro-union or anti-union decision, it is a ruling that will protect workers, give them a greater voice and make unions stronger in the end,” Morrisey, a Republican, said.
“By upholding the state’s Workplace Freedom Act, the state Supreme Court keeps with its own precedent and the unanimous agreement of every federal and state appellate court in the nation that has rejected similar claims,” he added
The Attorney General’s Office defended the Workplace Freedom Act before the state Supreme Court at oral arguments in January. The office argued that little to nothing had changed since the state’s high court allowed the law to take effect more than two years earlier.
The Republican-controlled state legislature passed the Workplace Freedom Act in February 2016. It allowed West Virginia to become the 26th right-to-work state in July 2016.
Right-to-work laws are traditionally opposed by labor unions that label them, “Right-to-work-for-less.”
The supreme court sided with the Attorney General in September 2017 by striking down a circuit court preliminary injunction that purportedly delayed the law from taking effect. In doing so, the justices ruled those seeking to block the law had failed to show the likelihood of success in what would become January’s argument – the merits of their constitutional claim.
The U.S. Supreme Court and other courts have repeatedly rejected legal arguments similar to those argued against West Virginia’s law.
The Attorney General argued the Workplace Freedom Act does not constitute an unlawful taking, but instead, unions voluntarily decide whether to represent nonmembers. That choice comes with both costs and benefits that unions must weigh when deciding how they want to organize, Morrisey maintains.