A bill that would clarify that it’s unlawful for public employees, including teachers, to strike against the state, is set up for full legislative passage.
So is a bill that would check the authority of local health departments, although there are now differences between House and Senate versions.
Each of these two bills, which have generated controversy, moved swiftly through the Legislature. They passed the Senate earlier this week. Then, without being considered in House committees, they were taken up right away by the House of Delegates. They are lined up for passage votes in the House on Friday.
West Virginia has long recognized strikes by public employees as unlawful, but that’s largely been based on interpretations of case law.
Senate Bill 11 would express that directly in state code: “Public employees in West Virginia have no right, statutory or otherwise, to engage in collective bargaining, mediation or arbitration, and any work stoppage or strike by public employees is hereby declared unlawful.”
“Furthermore, any work stoppage or strike by employees of a county board of education poses a serious disruption to the thorough and efficient system of free schools, guaranteed to the children of West Virginia by section one, article XII of the Constitution of West Virginia.”
The bill defines a strike or work stoppage as events when an employee does not report to work as required by contract, does not have leave and is not otherwise prevented from reporting to work by circumstances beyond their control.
The bill also specifies that provisions that normally permit making up time or alternate instruction delivery methods do not apply to work stoppages. The bill says county school boards should withhold pay for each day a teacher participates in a stoppage.
And it had specified that if a school day is canceled because of a strike then those schools can’t have extracurricular activities.
That last provision was the subject of an amendment offered Thursday on the House floor by Delegate Larry Rowe, D-Kanawha, and other Democrats. They said school children shouldn’t be punished if their teachers go on strike. “This punishes the students.”
House Education Chairman Joe Ellington, R-Mercer, stood and agreed. “This is really about the kids. We shouldn’t penalize ‘em,” Ellington said.
Delegate Marty Gearheart, R-Mercer, questioned how making an exception for athletics would work in practice. He asked if there might be instances of football coach out on the picket line during the day and then on the sideline Friday night.
“Do you have any fear that you’re indicating the extracurricular activity is more important than the educational day?” Gearheart asked.
He concluded “there is a certain amount of punishment for students here. But when this illegal activity takes place they’re being punished during the day by not being in the classroom.”
The amendment removing the extracurricular section from the bill passed 75-24.
“Let’s let the kids play,” Rowe said.
Senate Bill 12 gives local elected officials more control over the actions of community health departments.
The original version of the bill would require county commissions and other health-appointing agencies like city governments to approve or disapprove rules passed by local health boards. It would require a public comment period on new or amended rules. It also requires health boards to post new rules on the State Register.
An amendment passed on the House floor on Thursday essentially substituted a version of the bill originally passed by the House Health Committee into the version passed by the Senate. One difference is that the House version wouldn’t require immediate approval by local government if the health board establishes a policy to deal with an active emergency.
“This provides a little more autonomy of the local public health department in a state of emergency, you think that’s fair?” asked Delegate Mike Pushkin, D-Kanawha.
House Health Chairman Jeff Pack, R-Raleigh, agreed.
Pushkin, while not guaranteeing he’ll vote in favor of the bill’s passage, said the change would help.
“I appreciate the work that was done to this. I’d say this amendment does make it slightly better,” he said.
Speaking on MetroNews’ “Talkline,” lobbyist Tom Susman described the changes as untenable because there are so many levels of government that could be involved with a local health department.
Susman, who represents the Local Health Departments Association, also described the changes as unnecessary.
“You first have the whole issue of, what does this thing look like and why are they doing it? And then the operational — and the bill the way it’s written will make it really hard to manage these health departments.”
.@Tom_Susman speaks with @HoppyKercheval about the SB 12 that would provide local government oversight of health departments. WATCH: https://t.co/yCFQ3nDJuy pic.twitter.com/EiMUWPUqRh
— MetroNews (@WVMetroNews) February 25, 2021