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Introduced Version Senate Bill 330 History

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Key: Green = existing Code. Red = new code to be enacted

WEST virginia Legislature

2017 regular session

Introduced

Senate Bill 330

By Senators Trump, Boso and Blair

[Introduced February 16, 2017; Referred
to the Committee on the Judiciary
]

A BILL to amend and reenact §21-5G-1 and §21-5G-7 of the Code of West Virginia, 1931, as amended, all relating to the West Virginia Workplace Freedom Act; eliminating the term “state” from the definitions section of the act; eliminating provisions addressing the construction of the West Virginia Workplace Freedom Act; eliminating language regarding the applicability of the West Virginia Workplace Freedom Act to collective bargaining or collective bargaining agreements in the building and construction industry; clarifying dates of applicability; and specifying that changes are to be applied retroactively.

Be it enacted by the Legislature of West Virginia:


That §21-5G-1 and §21-5G-7 of the Code of West Virginia, 1931, as amended, be amended and reenacted, all to read as follows:

ARTICLE 5g.  west virginia workplace freedom act.

§21-5G-1.  Definitions.


As used in this article: the following terms have the following definitions

(a) (1) The term “person” means any individual, proprietorship, partnership, firm, association, corporation, labor organization or any other legal entity.

(b) (2) The term “labor organization” means any organization, agency, union or employee representation committee of any kind that exists, in whole or in part, to assist employees in negotiating with employers concerning grievances, labor disputes, wages, rates of pay or other terms or conditions of employment.

(c) (3) The term “employer” means any person employing at least one individual in the state or any agent of an employer employing at least one individual in the state.

(d) The term “state” means any officer, board, branch, commission, department, division, bureau, committee, agency, authority or other instrumentality of the State of West Virginia

§21-5G-7.  Construction; Applicability; severability.


(a) Construction. — Except to the extent expressly prohibited by the provisions of this article, nothing in this article is intended, or should be construed, to change or affect any law concerning collective bargaining or collective bargaining agreements in the building and construction industry

(b) (a) Applicability. — This article applies to any written or oral contract or agreement entered into, modified, renewed or extended on or after July 1, 2016: Provided, That the provisions of this article shall do not otherwise apply to or abrogate a written or oral contract or agreement in effect on or before June 30, 2016. The changes made to this article during the 2017 regular session of the Legislature shall be applied retroactively.

(c) (b) Severability. — If any provision of this act article or the application of any such provision of this article to any person or circumstance should be is held invalid by a court of competent jurisdiction, the remainder of this act article or the application of its provisions to persons or circumstances other than those to which it is held invalid shall is not be affected thereby.

 

NOTE: The purpose of this bill is to provide technical corrections to the definitions of the West Virginia Workplace Freedom Act and to repeal provisions relating to the statutory construction of the act.

Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.

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