CHARLESTON, WV (WCHS/WVAH) — The West Virginia Supreme Court has thrown out a preliminary injunction that was blocking implementation of the right-to-work law in the state.
In a opinion issued Friday, the high court ruled that the unions failed to establish they would prevail in court. Multiple states have right-to-work legislation.
The court’s ruling reversed a preliminary injunction issued in Kanawha County Circuit Court that stopped the implementation of West Virginia’s right-to-work law. Unions have argued the law is unconstitutional because they believe it is unfair to unions and union members. The state argues the law is fair because it protects workers who do not want to join or pay dues to a union
The case pitted West Virginia Attorney General Patrick Morrisey and the state against the AFL-CIO.
Now that the court has overruled the preliminary injunction, the case will now head back to circuit court to conduct a final hearing on the merits of the parties’ various contentions.
The West Virginia AFL-CIO issued a statement from the organization’s president, Josh Sword on the state Supreme Court’s decision:
“Today’s Supreme Court ruling pertains solely to the preliminary injunction issued by Kanawha Circuit Judge Jennifer Bailey that postponed enactment of the right to work law while she considers her final ruling.
“As stated previously, we maintain that this law violates provisions of the West Virginia Constitution that prohibit the taking of property from unions and their members without just compensation or due process. When a majority of employees in a workplace, through a democratic process, vote to unionize, federal law requires unions to provide services to all employees, whether or not they choose to participate in that union.
“All parties in this case expect to be back before the state Supreme Court after Judge Bailey’s final order on our lawsuit is issued. We look forward to continuing the debate on the merits of our arguments before the justices at that time.”