Unions representing public employees in West Virginia have filed suit over a new state law that forbids employers from diverting earnings for political use without annual consent from the individual worker.
A dozen unions say House Bill 2009 was passed solely in retaliation after the statewide teachers strikes of the past few years.
They say the new law interferes with the longstanding practice of having union dues automatically deducted from employees’ paychecks.
“As is clearly stated in our circuit court filing, the so-called ‘Paycheck Protection’ Act discriminates against organized public employees who seek to ensure safe workplaces and fair treatment by their employers, and was passed by this legislative majority purely out of spite,” stated West Virginia AFL-CIO President Josh Sword.
“House Bill 2009 selectively and discriminately prohibits paycheck deductions for public employees and their unions, a practice that has gone on for more than 50 years without a problem, while still allowing hundreds of other paycheck deductions to remain in place.
The lawsuit was filed in Kanawha Circuit Court by groups that include the AFL-CIO, the West Virginia School Service Personnel Association, West Virginia Education Association, American Federation of Teachers-West Virginia, United Mineworkers of America, Communication Workers of America and more.
The unions are represented by lawyers Bob Bastress and Jeffrey Blaydes.
The bill, which generated controversy as previous versions were considered in prior years, passed both houses of the Legislature this year and was signed by Gov. Jim Justice.
Justice vetoed a similar bill when it passed in 2017 and argued against it when it was included in a 2019 omnibus education bill. The filing by the unions includes Justice’s veto note from 2017, which described the proposed changes as burdensome for employers.
But Justice’s relationship with union leaders has deteriorated, and the lawsuit makes reference to several news articles underscoring that shift, including quotes from the governor about “union bosses.”
The bill states that employers or anybody responsible for distributing wages may not withhold or divert any portion of an employee’s pay to use for political activity except at the express, written request of the employee annually.
The request is to be made through a form from the Secretary of State. Although the requirement is annual, the employee may modify or withdraw the amount requested at any time.
Withdrawals of union dues have been common practice by state government, counties, boards and municipalities where employees are represented by labor organizations. Once they’re withheld, the dues are passed along to the unions.
Such agreements typically renew from year to year unless canceled in writing by the union or the employee.
The lawsuit by the unions alleges violations of equal protection and contracts clauses of the West Virginia Constitution, as well as discrimination against the viewpoints of certain employees leading to a violation of constitutionally-protected free speech by the unions.
“It is blatant vindictiveness,” Sword said, “and it’s a violation of these employees’ constitutional rights.”