WV law requiring union worker consent for political donations will stay in effect for now
(The Center Square) – A West Virginia law that requires unions to get expressed written consent before withholding a worker’s money for political donations will remain in effect for now, thanks to a state Supreme Court ruling.
The West Virginia Supreme Court ruled 3-2 to overturn a lower court’s injunction that halted the enforcement of the Paycheck Protection law. With the Supreme Court’s decision, the state can enforce the law as the legal battle continues.
The National Right to Work Legal Defense Foundation hailed the ruling as a protection of workers’ rights.
“West Virginia’s Paycheck Protection law properly takes the government out of the union dues collection business, and in the process helps ensure that no union payments are taken from public employees in violation of their First Amendment rights recognized in Janus,” Foundation President Mark Mix said in a statement. “The Supreme Court of Appeals made the right decision by reversing the Circuit Court’s injunction which was issued under the outrageous premise that union bosses have a legal right to use taxpayer-funded government payroll systems to divert workers’ money into union coffers.”
National Right to Work filed an amicus brief in defense of the state law, arguing that it is not only legitimate, but also essential to protect First Amendment rights as understood in the Janus V. AFSCME decision. The U.S. Supreme Court’s Janus decision prohibited public employers from requiring workers to join a union or pay union dues as a condition of employment. The ruling found that such laws violated the rights to free association and free speech.
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