CHARLESTON, W.Va. — Monongalia County Delegate Barbara Fleischauer is behind the school workers’ right to strike.

Fleischauer (D-Monongalia) appeared on Monday’s MetroNews ‘Talkline’ and said some of what the legislature has said on this issue is too much.

Barbara Fleischauer

“I think that the legislature has the power to address that issue but I think saying it’s grounds for termination is going too far,” she said.

Fleischauer bringing up the language in the education reform bill called the Student Success Act.

Before passage last week, the state Senate added amendments to the omnibus bill that included a provision saying public employees in West Virginia have no right to collective bargaining, and any work stoppage by public employees is unlawful.

Fleischauer said there is a constitutional provision for public employees who participate in an action at the legislature where they are trying to convince the legislature. She said the constitutional provision in Section 16 of Article 3 supersedes statute.

“It says the right of people to assemble to a peaceable manner, that’s part of what they are doing,” she said.

“To consult for the common good. Then it says to instruct their representatives or to apply for redress of grievances shall be held inviolate.”

Fleischauer added the legislature should have no right to tell people how they are going to express their opinions.

She said there are problems with that but thinks they clearly were trying to instruct their representatives in the way that they felt was the most effective.

As for public employees such as state police and prison workers right to strike in this case, Fleischauer said that’s not the same.

“You’re going to have to balance the issues,” she said. “I think when it comes to public safety, that’s a really different issue. That’s very different.”

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