Foundation files another brief in Big Labor’s lawsuit arguing union boss forced dues powers should be dismissed

Charleston, WV (October 5, 2016) – National Right to Work Foundation staff attorneys filed an amicus curiae brief in Kanawha County Circuit Court supporting the state of West Virginia’s motion to dismiss a lawsuit brought by 10 state unions. The brief was filed for the National Right to Work Legal Defense Foundation joined by The National Federation of Independent Businesses Small Businesses Legal Center.

The Foundation previously filed another amicus brief in the case in August, asking the judge to reject union arguments for a preliminary injunction because West Virginia’s Right to Work Law is no different than the other 25 state Right to Work Laws which have withstood intense legal scrutiny for over 60 years, and never been struck down by a federal court or a state appellate court.

Circuit Court Judge Jennifer Bailey had announced at a hearing in August that she intended to grant a preliminary injunction. However, the judge has not since issued an injunction order. In the meantime, the parties were required to file dispositive motions by October 4. Consequently, Foundation attorneys have filed another brief to grant the State’s motion for summary judgement and uphold the Right to Work law, just as the U.S. Supreme Court and other appellate courts have held constitutional other state Right to Work laws.

The National Right to Work Foundation has a long history of successfully defending Right to Work laws in state and federal court, most recently in Indiana and Michigan. Foundation attorneys have also filed briefs in union lawsuits challenging Wisconsin and Idaho’s Right to Work laws.

“West Virginia’s Right to Work law should stand just like the 25 other state laws in place. Union officials are advancing an outrageous and rejected legal theory that attempts to create some kind of ‘right’ for them to extort money from workers forced to accept unions’ so-called representation,” Foundation President Mark Mix commented. “Instead of working to overturn Right to Work so they can order workers fired for refusing to pay, West Virginia union officials ought to be asking themselves why they are so afraid to give workers a choice as to union dues and fees.”

After the West Virginia Legislature overrode Governor Tomblin’s veto and became the 26th Right to work state on February 4, the National Right to Work Foundation announced an offer of free legal aid to any employees seeking to assert their rights under the new law. The Foundation also created a special task force to defend the West Virginia law, which went into full effect July 1, from any Big Labor legal challenges.

The National Right to Work Legal Defense Foundation is a nonprofit, charitable organization providing free legal aid to employees whose human or civil rights have been violated by compulsory unionism abuses. The Foundation, which can be contacted toll-free at 1-800-336-3600, assists thousands of employees in about 200 cases nationwide per year.