Can Courts Strike Down Right-to-Work?

From The American Prospect:

Last week, in a move that’s as likely to baffle union activists as it is to encourage them, a West Virginia judge struck down key portions of the state’s “right-to-work” law.

The Kenawha County judge’s ruling may amount to no more than a temporary hiccup in West Virginia Republicans’ war to destroy unions. But it’s another example of how hotly provisions of the 1947 federal Taft-Hartley Act are being contested in the courts as it becomes clearer that the anti-union impact of the law has contributed to an era of massive inequality that threatens our democracy.

West Virginia’s “right to work” law was rammed through on a party-line vote prior to 2016’s presidential election and the recent statewide teachers strikes. It had survived a Democratic gubernatorial veto and a previous injunction based in part on its ridiculously sloppy drafting. Last week, however, siding with a coalition of unions that included the building trades, Teamsters and Mineworkers, Judge Jennifer Bailey ruled the law  “unnecessarily and unconstitutionally imposes an excessive burden on Plaintiffs’ associational rights,” and that the goal of letting workers opt out of union membership “can be, and have been, fully accomplished without taking the additional steps of prohibiting agency fees, and giving free riders something for nothing.”

Anne Marie Lofaso, a professor of law at West Virginia University, describes Bailey’s ruling as “an extremely well-done decision that holds together and reflects some excellent lawyering for the union plaintiffs.”

In many respects, the West Virginia decision is a replay of a briefly encouraging moment in April of 2016 when a Dane County judge struck down Wisconsin’s recently enacted “right-to-work” law. That decision was predictably reversed by a Republican-dominated higher state court one year later.

Read the complete article here.

Breaking News: Kentucky teachers rally at State Capitol over state budget

From today’s LA Times:

Thousands of Kentucky teachers filled the streets near the state Capitol in Frankfort on a cold, overcast Monday to rally for education funding.

Teachers and other school employees gathered outside the Kentucky Education Assn. a couple of blocks from the Capitol chanting, “Stop the war on public education” and holding or posting signs that say, “We’ve Had Enough.”

“We’re madder than hornets, and the hornets are swarming today,” said Claudette Green, a retired teacher and principal.

The rally is happening after hundreds of teachers called in sick Friday to protest last-minute changes to their pension system.

Teacher unrest is not just limited to Kentucky. Educators in Oklahoma were gearing up Monday to march on their state capital as well.

Oklahoma teachers are demanding that lawmakers approve more education funding just days after the Legislature did just that.

Some teachers are saying the legislation signed by Gov. Mary Fallin last week was not enough. The measure increases taxes on cigarettes, fuel and oil and gas production to provide teachers with raises of about $6,100, or 15% to 18%.

Read the complete article here.

Striking teachers descend on West Virginia’s Capitol to demand pay raises

From ABC News:

Thousands of striking teachers descended on the West Virginia Capitol on Monday, forcing officials to briefly cut off access to the building six days after Gov. Jim Justice and unions representing the teachers reached an agreement on a 5 percent pay raise that was subsequently rejected by the state Senate.

The Capitol – closed after 5,000 people had entered early Monday , posing security concerns – was reopened an hour later, but teachers continued to vent their frustration over the lack of progress in agreement over a pay raise. Their strike, in one of the poorest states in the country, has disrupted education, forced working parents to scramble for child care and put children who rely on meals at school at risk of going hungry.

The strike entered a new week Monday with teachers waiting for state lawmakers to agree on a pay raise; House and Senate negotiators scheduled a Monday afternoon meeting to try to resolve their differences. The statewide strike has kept public schools shut for 277,000 students and 35,000 employees for a week.

In a state with a 17.9 percent poverty rate, teachers, bus drivers and other volunteers are collecting food and helping to distribute it to students who rely on free breakfasts and lunches at school. Teachers were sharing stories about how they’ve donated their time, their own money or their own food for that cause. At least two GoFundMe pages have been launched in support of the walkout.

“It does make you feel good because we are helping them,” said Ann Osburn, a special education teacher at Buckhannon Academy. “I think we’re reaching as many as we can. We’re getting as much help out there as we can for those kids.”

Rachel Stringer, as a stay-at-home mom from Cross Lanes, hasn’t had to struggle to find care for her five children, but numerous friends are in a bind. She said her biggest challenge has been making sure her children don’t forget what they’ve learned this school year. Despite the long layoff, Stringer is supportive of the teachers.

“They deserve to be paid,” she said. “They deserve to be able to have insurance.”

Read the complete article here.