H. B. 3171
(By Delegate Overington)
[Introduced February 21, 2003; referred to the
Committee on Industry and Labor, Economic Development and
Small Business then the Judiciary.]
A BILL to amend chapter twenty-one of the code of West Virginia,
one thousand nine hundred thirty-one, as amended, by adding
thereto a new article, designated article eleven-d, relating
generally to a West Virginia right to work law; making it a
crime and an actionable offense to impose an obligation upon
a person, as a condition of his or her employment, to
affiliate with a labor organization and pay dues and other
fees to a labor organization; penalties; and injunctive
relief.
Be it enacted by the Legislature of West Virginia:
That chapter twenty-one of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, be amended by adding
thereto a new article, designated article eleven-d, to read as
follows:
ARTICLE 11D. WEST VIRGINIA RIGHT TO WORK LAW.
§21-11D-1. Definition.
The term "labor organization" means any organization of any
kind, or agency or employee representation committee or union,
which exists for the purpose, in whole or in part, of collective
bargaining or of dealing with any employer, or with any public
body, concerning wages, rates of pay, salaries, hours of work,
other forms of compensation, or other terms or conditions of
employment or grievances, or for any other mutual aid or protection
in relation to employment.
§21-11D-2. Right to refrain.
No person shall be required, as a condition or continuation of
employment, to:
(1) Become or remain a member of a labor organization;
(2) Pay any dues, fees, assessments or other similar charges
however denominated, of any kind or amount to a labor organization;
or
(3) Pay to any charity or third party, in lieu of those
payments, any amount equivalent to or pro rata portion of dues,
fees, assessments or other charges required of members of a labor
organization.
§21-11D-3. Agreements in violation.
Any agreement, understanding or practice, written or oral,
implied or expressed, between any labor organization and employer
or public body which violates the rights of employees as guaranteed by provisions of this article is hereby declared to be unlawful,
null and void, and of no legal effect.
§21-11D-4. Penalty.
Any labor organization, employer, public body or other person
who directly or indirectly violates any provision of this article
shall be guilty of a misdemeanor.
§21-11D-5. Injunctive relief.
Any person injured as a result of any violation or threatened
violation of the provisions of this article shall be entitled to
injunctive relief against any and all violators or persons
threatening violations.
§21-11D-6. Damages.
Any person injured as a result of any violation or threatened
violation of the provisions of this article may recover any and all
damages, including costs and reasonable attorney fees, of any
character resulting from the violation or threatened violation.
These remedies shall be independent of and in addition to the
penalties and remedies proscribed in other provisions of this
article.
§21-11D-7. Duty to investigate.
It shall be the duty of the prosecuting attorneys of each
county, and of the attorney general of this state, to investigate
complaints of violation or threatened violations of this article to
prosecute all persons violating any of its provisions, and to take all means at their command to ensure its effective enforcement.
§21-11D-8. Exceptions.
The provision of this article shall not apply:
(1) To employers and employees covered by the federal Railway
Labor Act;
(2) To federal employers and employees;
(3) To employers and employees on exclusive federal enclaves;
or
(4) Where they would otherwise conflict with, or be preempted
by, federal law.
NOTE: The purpose of this bill is to extend to workers the
freedom of prosecuting his or her employment without the
interference of labor organizations.
This article is new; therefore, strike-throughs and
underscoring have been omitted.