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W.Va. lawmakers, unions clash over Right to Work

CHARLESTON, W.Va. — Proposed legislation would make West Virginia a Right To Work state, preventing businesses from requiring only union workers or forcing workers to join a union as a requirement for employment.

State Senate Majority Leader Mitch Carmichael, R-Jackson, is lead sponsor of Senate Bill 337 which would establish the West Virginia Right To Work Law. The bill was introduced this week and will be taken up by the Senate Judiciary Committee.

Carmichael said West Virginia is facing multiple economic hurdles, including a less than 50 percent workforce participation rate, the lowest per-capita income in the nation, and as the only state in the nation to lose population last year.

“We look at the condition of the West Virginia economy and we see an economy in tatters,” he said. “We’ve determined there are fundamental changes that we need to make in our workplace environment.”

Carmichael said there are 24 Right To Work states in the United States, all of which show higher population growth, higher per-capita income and higher job growth rates than states without Right To Work.

Right To Work “is something we need to pursue here in West Virginia to attract jobs,” he said.

But the bill faces tough opposition among labor leaders which say the bill will cost workers wages and ultimately lead to unsafe working conditions.

Josh Sword, treasurer and secretary of the West Virginia AFL-CIO, said Carmichael’s bill is not wanted in West Virginia.

“I think the majority of West Virginians are opposed to this,” Sword said. “All Right to Work does is provide for more government interference between employers and employees. We’ve seen enough government interference here in West Virginia.”

Sword said workers in Right To Work states make on average of $6,000 less per year and have less benefits. Some of the highest unemployment rates in the nation can be found in Right To Work states, and workplace safety statistics are often abysmal, he said.

“When you take away the voice of workers in the workplace, these kinds of things happen,” Sword said.

Carmichael said the bill is not aimed at unions, but instead gives West Virginia workers more options.

“This is not anti-union, by any means,” Carmichael said. “This is simply a mechanism to place freedom of association. If you want to join a union, we encourage you to do so. If you don’t want to, you should have the option to freely associate or not associate.”

“There is a misrepresentation of reality here,” Sword said. “No worker can be required to join a union. They can’t be fired for opting out of a union. It’s federal law.”

Sword said the law also was upheld by a 1988 U.S. Supreme Court decision.

“(Carmichael) says right now you can be forced to join a union, and that is absolutely not the case,” Sword said.

“Change is always hard,” Carmichael said. “I understand the value of unions and we’re not trying to diminish that at all. What we are saying is what we are currently doing is not working. The status-quo is not working.

“There are interest groups that are energized to keep their benefits,” he said. “The status-quo in West Virginia is not working, and we need the courage to change.”

Sword said the West Virginia AFL-CIO is planning a two-day legislative conference next week in Charleston and will be talking to legislators about the group’s objection to the bill.

“The first thing we have to do is educate both lawmakers and the citizens at large,” he said. “Once everyone understands what it would do, we are very confidant that the majority will be opposed to Right To Work legislation.”

Carmichael said he welcomes the debate.

“This needs to be have a full, free and open debate, and let everyone have their points of view,” he said.

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