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West Virginia Supreme Court Mulls Legality of Banning Union Fees

Jan. 15, 2020, 9:24 PM

West Virginia Supreme Court justices Wednesday appeared divided over whether banning so-called “fair share” fees as part of a statewide “right to work” law amounts to an illegal taking of property.

The West Virginia AFL-CIO, which represents more than 575 affiliated unions, said in arguments challenging the law that requiring unions to perform free bargaining services for nonmembers infringed on associational rights of labor organizations and didn’t provide just compensation for taking of union property. The argument is unique in that it’s based on the stronger protections for associational rights provided in West Virginia’s constitution than those found at the ...