In April the West Virginia Supreme Court upheld West Virginia’s Right to Work law, ending a multi-year union boss legal challenge.

National Right to Work Foundation Vice President and Legal Director Raymond LaJeunesse wrote an article for The Federalist Society analyzing the decision in the case: Morrisey v. West Virginia AFL-CIO. LaJeunesse just published piece highlights how the justices relied heavily on the Foundation-won Janus v. AFSCME U.S. Supreme Court decision to uphold the law protecting workers against being forced to subsidize union activities:

“Four of the five Justices concluded in Morrisey that the United States Supreme Court’s decision in Janus v. AFSCME, 138 S. Ct. 2448 (2018), required that result. Janus held that forcing nonmembers to pay union fees as a condition of public employment violates the First Amendment. As Justice Workman put it, concurring in the judgment of the Court in Morrisey, ‘there is no principled basis on which to conclude that under the legal analysis upon which Janus is based, a prohibition on the collection of agency fees is constitutional for public employees’ unions but unconstitutional for private employees’ unions.'”

Foundation staff attorneys filed 10 legal briefs in Morrisey in defense of West Virginia’s Right to Work law. Foundation President Mark Mix hailed the decision as a “a great victory for Mountain State employees.”

Since 2012, Foundation staff attorneys have defended and enforced five newly passed Right to Work in states including West Virginia.



Posted on Jun 1, 2020 in In the News