Dinsmore's Mark Carter on Constitutionality of Workplace Freedom Act

April 30, 2020Articles
West Virginia Record

Dinsmore Labor partner Mark Carter wrote the following article, "You don't need to be a weatherman to know which way the wind blows," for the West Virginia Record. It touches on a West Virginia Supreme Court decision regarding right-to-work laws and the constitutionality of the Workplace Freedom Act. 

The forecast for West Virginia’s right-to-work law has now become clear. In a decision in which all five of West Virginia’s Supreme Court justices concurred, the court put to rest the arguments raised by organized labor for the past four years regarding the constitutionality of the Workplace Freedom Act.

The court ruled in a meticulous and comprehensive 65-page decision that the law is as constitutional as laws get. The unions’ argument that their rights to associate, their liberty rights and even the vaunted “free-rider” argument, which claims that a union cannot be required to pay the freight for non-member non-dues-paying employees, were rejected.

None of this is a surprise.

To read the full article, click here.