Republicans in the West Virginia legislature overrode the governor's veto of a contentious right-to-work bill on Friday, delivering another major legislative setback to organized labor.
The swift override means that a majority of U.S. states now have right-to-work laws, with West Virginia becoming the 26th. Despised by unions, these laws give workers the option to stop paying fees to unions that must still represent them.
Democrats in the statehouse, as well as Gov. Earl Ray Tomblin (D), opposed the measure. But Republicans control the state legislature and were able to override Tomblin's veto with a simple majority, voting 18-16 in the Senate and 55-43 in the House along party lines. The law will go into effect in May.
The conservative National Right to Work Committee, which has been instrumental in passing such laws around the country, said it was symbolically important that right-to-work legislation now exists in 26 states.
“While this is a good day, it is not the end of the work to be done," the group said in a statement. "We hope West Virginia’s embrace of workplace freedom will help spur other states to join the Right to Work ranks."
Nobody in the U.S. can be forced to be a member of a labor union. But where local law allows it, workers in unionized workplaces can be required to pay their union what are known as agency fees, which cover the costs of collective bargaining but not political activities. Since unions must represent all the workers in a unit -- even those who may not want representation -- unions say it's only fair that all workers contribute to the bargaining expenses. (Read The Huffington Post's full explainer on right-to-work laws here.)
But the rapid spread of right-to-work laws is giving more workers the prerogative to opt out of funding the unions that represent them. First passed in the late 1940s, such laws were long relegated to the South and West, but Republicans have recently managed to get right-to-work laws on the books even in the union-dense Midwest. West Virginia is the fourth state to pass such a law in as many years, following Indiana, Michigan and Wisconsin.
The blow to West Virginia labor unions on Friday wasn't limited to the right-to-work bill. Republicans also overrode a veto of a bill to repeal the state's prevailing wage law. Long championed by unions, prevailing wage laws require companies bidding on public projects to pay certain minimum wages to the workers they'll employ.
State Sen. Jeffrey Kessler (D), leader of the senate minority, called the pair of moves a "double-barreled attack" on West Virginia workers on a "horrific" day. Kenny Perdue, president of the West Virginia AFL-CIO union federation, thanked Tomblin for his opposition to the measures in a statement. Perdue said the federation would "remind" voters "which legislators failed them" come November.
The percentage of unionized workers in the U.S. has tumbled in recent decades, from more than 30 percent in the 1950s to just 11.1 percent last year. Union density in West Virginia is slightly higher than the national average, at 12.4 percent -- at least for now.
The Faces of the Fight for 15 Movement
(01 of07)
Open Image ModalName: Gabrielle Hatcher
Age: 27
City: New York
Job: Waitress
Pay: $5 per hour plus tips
Why she’s protesting: "As a tip worker, I make a sub-minimum wage of $5 an hour plus tips, so I never really know how much I’m going to make, and in every other position you generally know how much you’re making before you take a job. A lot of people here are wondering why we’re talking about racial justice, but racial justice and economic justice are really just two sides of the same coin here. As a woman of color, I’ve been passed up for promotions and higher-paying positions. I’ve been turned down from positions where I’d be making more money because they only hire white males at a lot of fine dining establishments in the city. I live with five other workers in the city and we struggle to make ends meet because we never know how much we’re going to work. We work for eight hours plus, and sometimes we only make 20 bucks. We can’t afford health coverage, so we stay sick longer, we serve the public when we’re healthy and if we don’t find coverage we risk losing our job. Being a tip worker kind of exploits you to the whims of total strangers. It’s kind of ridiculous that businesses expect their customers to pay their employees. It doesn’t make any sense, especially because I’ve experienced harassment a lot and there’s not a lot of room to speak up or defend yourself without losing your job." (credit:Willa Frej/Huffington Post)
(02 of07)
Open Image ModalName: Jorel Ware
Age: 34
Employer: McDonald's
Pay: $8.75 per hour
Why he's protesting: "I’m a fast food worker. What’s motivating me is there’s a lot of different issues going on in the United States with living wages, with Black Lives Matter issues, immigration reform, childcare. These issues are basically the same because everybody’s going through them, black and brown people are going through this. This is how it comes together and it gives me the drive and I’m finally willing to make a change. I’ve worked at McDonald's for two and a half years." (credit:Willa Frej/Huffington Post)
(03 of07)
Open Image ModalName: Berta Chacon
Age: 48
Employer: A beauty salon
Pay: $300 per week
Why she’s protesting: "We are fighting for $15 an hour in order to survive in this city that is very expensive. Our salaries are very low, so we need $15 in order to survive and to help our families in our home countries." (credit:Willa Frej/Huffington Post)
(04 of07)
Open Image ModalName: Ernestina Sandoval (right)
Age: 35
City: Richmond, California
Employer: McDonald's
Pay: $9.60 per hour
Why she's protesting: "I'm here because they don't have our back. When we were robbed, the owner didn't really come see how the workers were. It was really sad. We're asking for security. This McDonald's is in a bad area. I depend on my McDonald's payment. I have a teenage daughter here and a son out of the country. I try to send money home but sometimes all I can afford is $20. I'm an everything, multitasker having to do six or seven jobs. I've always made minimum wage. I started at $8 an hour. Now I make $9.60." (credit:Michael Mclaughlin/Huffington Post)
(05 of07)
Open Image ModalName: Warner Massey
Age: 55
City: Fort Washington, Maryland
Employer: Goodwill of Greater Washington, working in the U.S. Senate
Job: Custodial
Pay: $13.50 per hour
Why he’s protesting: "I’m no different than nobody else here. I need more money, too. That’s the bottom line. ... I figure if I have a couple more dollars on my check, that will help ease the pain a little bit. I haven’t been able to take my wife on a decent vacation. We’ve been married for nine years. That’s what my goal is. Make a little bit more money so I can do these things.” (credit:Dave Jamieson/Huffington Post)
(06 of07)
Open Image ModalName: Shardeja Woolridge
Age: 19
City: Hayward, California
Job: Cashier/student at Berkeley Community College
Employer: McDonald's
Why she's protesting: "I'm here for the fight for 15. We work very hard. I've seen wage theft by McDonald's. I haven't been paid for overtime. We're not allowed to use our sick days either. I called in one time and said, 'I'm not feeling well' and first, they put me on hold. Then they just hung up on me. We need security too. I've been attacked by a customer. She punched me in the face at the drive-through window. Then I got punished for trying to defend myself. The money is just not enough. I want to help my mom out, but I can't. I can't pay for books at school, either. Things need to change." (credit:Michael Mclaughlin/Huffington Post)
(07 of07)
Open Image ModalName: Shariff El-Shariff
Age: 36
City: Washington, D.C.
Employer: Starbucks, Union Station, D.C.
Job: Shift supervisor
Pay: $14 per hour
Why he’s protesting: “We’re struggling. We need to raise our kids and raise our families. With the price of food and the price of rent, we don’t know what to do. I work with people who make $11 per hour. It’s not enough for them. We’ll struggle until we get what we need.” (credit:Dave Jamieson/Huffington Post)
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