Gov. Justice vetoes new ‘right to work’ legislation
CHARLESTON — The governor Tuesday vetoed legislation clarifying parts of a right to work bill passed last year in West Virginia, saying the premise of the bill is being challenged in the courts.
“This issue is for the Supreme Court to decide,” Gov. Jim Justice said.
Senate Bill 330 is the first bill first-term governor Justice has vetoed. It corrects definitions in SB 1, the West Virginia Workplace Freedom Act, the first bill introduced in the 2016 Legislature.
SB 330 clarifies the act’s applicability in collective bargaining or collective bargaining agreements in the building and construction industry and the dates when changes apply.
The SB 1 right to work bill has been challenged in court on the grounds that it is an illegal taking, that what is provided to union members will be available to non-union members at no charge to them. It is supported by businesses and opposed by unions.
Justice said there should be no interference in the process and the Legislature’s priority should be on the budget.
“Our state doesn’t need to meddle in the pending litigation,” Justice said. “It deserves its day in court, free of interference. There are only 11 days left until the end of the session and the Legislature must focus on passing a budget. We owe it to the taxpayers to pass a responsible budget before the clock runs out.”
In a hand-delivered veto message, Justice said he disapproves of the bill because of the challenge in Kanawha County Circuit Court and the injunction against implementation of the Workplace Freedom Act is being appealed by the state to the state Supreme Court.
“The attorney general has requested that the circuit court issue a final decision by May 1. A decision by the Supreme Court is expected after April 21, 2017,” Justice said. “Any amendment to this statute before such time that as a court has finally determined its constitutionality is imprudent and contrary to public policy.”






