A West Virginia state court has found invalid some of the provisions of a "right-to-work" law that has been the subject of continuing battles since its enactment on February 12, 2016, when the state legislature overrode then- Governor Earl Ray Tomblin’s earlier veto of the measure, which made West Virginia the 26th right-to-work state. Unlawful "right-to-work" provisions. On February 27, 2019, in a summary judgment order, Judge Jennifer F. Bailey, presiding in the Kanawha County Circuit Court, found that certain provisions of S.B. 1 (amending the West Virginia Code)—those banning agency fees—violate the West Virginia Constitution: Code Sec. 21-1A-3 to the extent it authorizes employees to ‘refrain from paying any dues, fees, assessments, or other similar charges however denominated of any kind or amount to a labor organization or to any third party, including but not limited to, a charity in lieu of a payment to a labor organization.’
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