CHARLESTON, W.Va. — Opponents of West Virginia’s Right to Work law won a victory in Kanawha County Circuit Court Wednesday when a judge issued an injunction which places the new law in limbo. Organized labor mounted the legal challenge to the law claiming it is unconstitutional, but Right to Work supporter Senator Mitch Carmichael (R-Jackson) was bothered the judge would even issue an injunction in the case.
“It is unprecedented, it is ridiculous, and it is beyond the pale,” said Carmichael on MetroNews Talkline. “In 25 other states, in every jurisdiction this has been litigated across America it has been upheld in every one of them.”
Carmichael suggested opponents found a sympathetic ear with Judge Jennifer Bailey in Kanawha County and suggested it reignites claims of West Virginia’s dubious distinction as a “Judicial Hellhole.” Senator Mike Romano (D-Harrison) bristled at Carmichael’s suggestion.
“I know they’ve made other arguments and there are different nuances, but this to me and my understanding is a unique argument,” Romano said. “It’s about an unconstitutional taking which allows workers to come in and free ride.”
The union argued in its challenge workers who choose not to join a union or pay union dues are still required to receive the benefits of union representation. The AFL-CIO and other organized labor opponents of Right to Work in their challenge of the West Virginia law claim it’s an unfair taking of their property–in this case the union’s expertise in negotiating for better wages and benefits. Workers under the law would not be required to join a union as a condition of their employment. But union officials argue under the National Labor Relations Board statute,they are still required to represent every employee of a union shop–regardless of their status.
“It provides workers the freedom to associate and pay dues if they want to belong to a union,” Carmichael said. “If they don’t want to, then their money should not be taken from them.”
“What Right to Work says is you don’t have to join and you don’t have to pay your fair share, but you get those benefits,” countered Romano. “What you’re essentially doing is forcing those in the union to pay for those who are not in the union.”
Romano added to his opposition claiming Right to Work isn’t a guarantee of job growth and economic development, challenging it hasn’t shown itself to be the job creator supporters have claimed.
“Twenty-four of twenty-five states have done better with Right to Work than West Virginia,” said Carmichael.
“Nobody can show us where Right to Work made any difference,” argued Romano. “There’s a lot of factors that go into a state doing well or doing poorly.”
Judge Bailey will set a schedule for arguments on the case and indicated a desire to have a decision within 90 days.